Amended in Assembly June 12, 2016

Amended in Assembly May 25, 2016

Senate BillNo. 843


Introduced by Committee on Budget and Fiscal Review

January 7, 2016


begin deleteAn act relating to the Budget Act of 2016. end deletebegin insertAn act to amend, repeal, and add Section 231 of the Code of Civil Procedure, to amend Sections 7522.57, 11555, 11556, 12838, 12838.4, 68502.5, and 68651 of, and to amend and repeal Sections 68085.1 and 70626 of, the Government Code, to amend Sections 320.6, 2910, 2915, 5075, 5075.1, 5075.6, 5076.1, 6025.1, 6250.2, 6258.1, 6402, 11191, 13501, 13601, 23690, and 28300 of, to add Sections 2694.5, 5027, and 6404 to, to add Chapter 2.92 (commencing with Section 1001.85) to Title 6 of Part 2 of, and to repeal Section 5032 of, the Penal Code, and to amend Sections 1716, 1719, 1720, 1723, 1725, 1766, 1767.3, and 7200.06 of, to amend the heading of Article 2.5 (commencing with Section 1716) of Chapter 1 of Division 2.5 of, and to add Sections 1718, 1721, 1722, 1724, 1728, and 5848.51 to, the Welfare and Institutions Code, relating to public safety, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 843, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2016. end deletebegin insertPublic safety.end insert

begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

This bill would also make technical, nonsubstantive changes.

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

This bill would repeal those provisions.

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

(25) 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 2016.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P11   1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 231 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
2amended to read:end insert

3

231.  

(a) In criminal cases, if the offense charged is punishable
4with death, or with imprisonment in the state prison for life, the
5defendant is entitled to 20 and the people to 20 peremptory
6challenges. Except as provided in subdivision (b), in a trial for any
7other offense, the defendant is entitled to 10 and the state to 10
8peremptory challenges. When two or more defendants are jointly
9tried, their challenges shall be exercised jointly, but each defendant
10shall also be entitled to five additional challenges which may be
11exercised separately, and the people shall also be entitled to
12additional challenges equal to the number of all the additional
13separate challenges allowed the defendants.

14(b) If the offense charged is punishable with a maximum term
15of imprisonment ofbegin delete 90 daysend deletebegin insert one yearend insert or less, the defendant is
16entitled to six and the state to six peremptory challenges. When
17two or more defendants are jointly tried, their challenges shall be
18exercised jointly, but each defendant shall also be entitled tobegin delete fourend delete
19begin insert twoend insert additional challenges which may be exercised separately, and
20the state shall also be entitled to additional challenges equal to the
21number of all the additional separate challenges allowed the
22defendants.

23(c) In civil cases, each party shall be entitled to six peremptory
24 challenges. If there are more than two parties, the court shall, for
25the purpose of allotting peremptory challenges, divide the parties
26into two or more sides according to their respective interests in
27the issues. Each side shall be entitled to eight peremptory
28challenges. If there are several parties on a side, the court shall
29divide the challenges among them as nearly equally as possible.
30If there are more than two sides, the court shall grant such
31additional peremptory challenges to a side as the interests of justice
32maybegin delete require;end deletebegin insert require,end insert provided that the peremptory challenges of
33one side shall not exceed the aggregate number of peremptory
P12   1challenges of all other sides. If any party on a side does not use
2his or her full share of peremptory challenges, the unused
3challenges may be used by the other party or parties on the same
4side.

5(d) Peremptory challenges shall be taken or passed by the sides
6alternately, commencing with the plaintiff orbegin delete people;end deletebegin insert people,end insert and
7each party shall be entitled to have the panel full before exercising
8any peremptory challenge. When each side passes consecutively,
9the jury shall then be sworn, unless the court, for good cause, shall
10otherwise order. The number of peremptory challenges remaining
11with a side shall not be diminished by any passing of a peremptory
12challenge.

13(e) If all the parties on both sides pass consecutively, the jury
14shall then be sworn, unless the court, for good cause, shall
15otherwise order. The number of peremptory challenges remaining
16with a side shall not be diminished by any passing of a peremptory
17challenge.

begin insert

18
(f) The Judicial Council shall conduct a study, and on or before
19January 1, 2020, shall submit a report to the public safety
20committees of both houses of the Legislature on the reductions in
21peremptory challenges resulting from the enactment of the act that
22added this subdivision. The study shall include, but not be limited
23to, an examination of the number of peremptory challenges used
24by the defendant and the state in misdemeanor jury trials, a
25representative sample of the types of cases that go to jury trial,
26and the resulting cost savings to the courts. The report submitted
27pursuant to this subdivision shall be submitted in compliance with
28Section 9795 of the Government Code.

end insert
begin insert

29
(g) This section shall remain in effect only until January 1, 2021,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2021, deletes or extends that date.

end insert
32begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 231 is added to the end insertbegin insertCode of Civil Procedureend insertbegin insert,
33to read:end insert

begin insert
34

begin insert231.end insert  

(a) In criminal cases, if the offense charged is punishable
35with death, or with imprisonment in the state prison for life, the
36defendant is entitled to 20 and the people to 20 peremptory
37challenges. Except as provided in subdivision (b), in a trial for
38any other offense, the defendant is entitled to 10 and the state to
3910 peremptory challenges. When two or more defendants are jointly
40tried, their challenges shall be exercised jointly, but each defendant
P13   1shall also be entitled to five additional challenges which may be
2exercised separately, and the people shall also be entitled to
3additional challenges equal to the number of all the additional
4separate challenges allowed the defendants.

5
(b) If the offense charged is punishable with a maximum term
6of imprisonment of 90 days or less, the defendant is entitled to six
7and the state to six peremptory challenges. When two or more
8defendants are jointly tried, their challenges shall be exercised
9jointly, but each defendant shall also be entitled to four additional
10challenges which may be exercised separately, and the state shall
11also be entitled to additional challenges equal to the number of
12all the additional separate challenges allowed the defendants.

13
(c) In civil cases, each party shall be entitled to six peremptory
14challenges. If there are more than two parties, the court shall, for
15the purpose of allotting peremptory challenges, divide the parties
16into two or more sides according to their respective interests in
17the issues. Each side shall be entitled to eight peremptory
18challenges. If there are several parties on a side, the court shall
19divide the challenges among them as nearly equally as possible.
20If there are more than two sides, the court shall grant such
21additional peremptory challenges to a side as the interests of justice
22may require, provided that the peremptory challenges of one side
23shall not exceed the aggregate number of peremptory challenges
24of all other sides. If any party on a side does not use his or her full
25share of peremptory challenges, the unused challenges may be
26used by the other party or parties on the same side.

27
(d) Peremptory challenges shall be taken or passed by the sides
28alternately, commencing with the plaintiff or people; and each
29party shall be entitled to have the panel full before exercising any
30peremptory challenge. When each side passes consecutively, the
31jury shall then be sworn, unless the court, for good cause, shall
32otherwise order. The number of peremptory challenges remaining
33with a side shall not be diminished by any passing of a peremptory
34challenge.

35
(e) If all the parties on both sides pass consecutively, the jury
36shall then be sworn, unless the court, for good cause, shall
37otherwise order. The number of peremptory challenges remaining
38with a side shall not be diminished by any passing of a peremptory
39challenge.

40
(f) This section shall become operative on January 1, 2021.

end insert
P14   1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 7522.57 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

7522.57.  

(a) This section shall apply to any retired person who
4is receiving a pension benefit from a public retirement system and
5is first appointed on or after January 1, 2013, to a salaried position
6on a state board or commission. This section shall supersede any
7other provision in conflict with this section.

8(b) A person who is retired from a public retirement system
9may serve without reinstatement from retirement or loss or
10interruption of benefits provided that appointment is to a part-time
11state board or commission. A retired person whose employment
12without reinstatement is authorized by this subdivision shall acquire
13no benefits, service credit, or retirement rights with respect to the
14employment. Unless otherwise defined in statute, for the purpose
15of this section, a part-time appointment shall mean an appointment
16with a salary of no more than $60,000 annually, which shall be
17increased in any fiscal year in which a general salary increase is
18provided for state employees. The amount of the increase provided
19by this section shall be comparable to, but shall not exceed, the
20percentage of the general salary increases provided for state
21employees during that fiscal year.

22(c) A person who is retired from the Public Employees’
23Retirement System shall not serve on a full-time basis on a state
24board or commission without reinstatement unless that person
25serves as a nonsalaried member of the board or commission and
26receives only per diem authorized to all members of the board or
27commission. A person who serves as a nonsalaried member of a
28board or commission shall not earn any service credit or benefits
29in the Public Employees’ Retirement System or make contributions
30with respect to the service performed.

31(d) A person retired from a public retirement system other than
32the Public Employees’ Retirement System who is appointed on a
33full-time basis to a state board or commission shall choose one of
34the following options:

35(1) The person may serve as a nonsalaried member of the board
36or commission and continue to receive his or her retirement
37allowance, in addition to any per diem authorized to all members
38of the board or commission. The person shall not earn service
39credit or benefits in the Public Employees’ Retirement System and
40shall not make contributions with respect to the service performed.

P15   1(2) (A) The person may suspend his or her retirement allowance
2or allowances and instate as a new member of the Public
3Employees’ Retirement System for the service performed on the
4board or commission. The pensionable compensation earned
5pursuant to this paragraph shall not be eligible for reciprocity with
6any other retirement system or plan.

7(B) Upon retiring for service after serving on the board or
8commission, the appointee shall be entitled to reinstatement of any
9suspended benefits, including employer provided retiree health
10benefits, that he or she was entitled to at the time of being
11appointed to the board or commission.

12(e) Notwithstanding subdivisions (c) and (d), a person who
13retires from a public employer may serve without reinstatement
14from retirement or loss or interruption of benefits provided by the
15retirement system upon appointment to a full-time state board
16pursuant to Section 5075 of the Penalbegin delete Code.end deletebegin insert Code or Section 1718
17of the Welfare and Institutions Code.end insert

18begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 11555 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
19read:end insert

20

11555.  

(a) Effective January 1, 1988, an annual salary of
21seventy-one thousand five hundred eighty-seven dollars ($71,587)
22shall be paid to the following:

23(1) Chairperson of the Board of Parole Hearings.

24(2) Chairperson of the Occupational Safety and Health Appeals
25Board.

begin insert

26
(3) Chairperson of the Board of Juvenile Hearings.

end insert

27(b) The annual compensation provided by this section shall be
28increased in any fiscal year in which a general salary increase is
29provided for state employees. The amount of the increase provided
30by this section shall be comparable to, but shall not exceed, the
31percentage of the general salary increases provided for state
32employees during that fiscal year.

33(c) Notwithstanding subdivision (b), any salary increase is
34subject to Section 19825.5.

35begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 11556 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
36read:end insert

37

11556.  

(a) Effective January 1, 1988, an annual salary of
38sixty-nine thousand seventy-six dollars ($69,076) shall be paid to
39each of the following:

40(1) Commissioner of the Board of Parole Hearings.

P16   1(2) Member of the Occupational Safety and Health Appeals
2Board.

begin insert

3
(3) Commissioner of the Board of Juvenile Hearings.

end insert

4(b) The annual compensation provided by this section shall be
5increased in any fiscal year in which a general salary increase is
6provided for state employees. The amount of the increase provided
7by this section shall be comparable to, but shall not exceed, the
8percentage of the general salary increases provided for state
9employees during that fiscal year.

10(c) Notwithstanding subdivision (b), any salary increase is
11subject to Section 19825.5.

12begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 12838 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
13read:end insert

14

12838.  

(a) There is hereby created in state government the
15Department of Corrections and Rehabilitation, to be headed by a
16secretary, who shall be appointed by the Governor, subject to
17Senate confirmation, and shall serve at the pleasure of the
18Governor. The Department of Corrections and Rehabilitation shall
19consist of Adult Operations, Adult Programs, Health Care Services,
20Juvenile Justice, the Board of Parole Hearings,begin insert the Board of
21Juvenile Hearings,end insert
the State Commission on Juvenile Justice, the
22Prison Industry Authority, and the Prison Industry Board.

23(b) The Governor, upon recommendation of the secretary, may
24appoint three undersecretaries of the Department of Corrections
25and Rehabilitation, subject to Senate confirmation. The
26undersecretaries shall hold office at the pleasure of the Governor.
27One undersecretary shall oversee administration and offender
28services, one undersecretary shall oversee health care services,
29and one undersecretary shall oversee operations for the department.

30(c) The Governor, upon recommendation of the secretary, shall
31appoint a Chief for the Office of Victim Services, and a Chief for
32the Office of Correctional Safety, both of whom shall serve at the
33pleasure of the Governor.

34begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 12838.4 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
35to read:end insert

36

12838.4.  

The Board of Parole Hearings is hereby created. The
37Board of Parole Hearings shall be comprised ofbegin delete 17end deletebegin insert 14end insert
38 commissioners, who shall be appointed by the Governor, subject
39to Senate confirmation, for three-year terms. The Board of Parole
40Hearings hereby succeeds to, and is vested with, all the powers,
P17   1duties, responsibilities, obligations, liabilities, and jurisdiction of
2the following entities, which shall no longer exist: Board of Prison
3Terms, Narcotic Addict Evaluation Authority, and Youthful
4Offender Parole Board. For purposes of this article, the above
5entities shall be known as “predecessor entities.”

6begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 68502.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
7to read:end insert

8

68502.5.  

(a) The Judicial Council may, as part of its trial court
9budget process, seek input from groups and individuals as it deems
10begin delete appropriateend deletebegin insert appropriate,end insert including, but not limited to, advisory
11committees and the Administrative Director of the Courts. The
12trial court budget process may include, but is not limited to, the
13following:

14(1) The receipt of budget requests from the trial courts.

15(2) The review of the trial courts’ budget requests and evaluate
16them against performance criteria established by the Judicial
17 Council by which a court’s performance, level of coordination,
18and efficiency can be measured.

19(3) The annual adoption of the projected cost in the subsequent
20fiscal year of court operations as defined in Section 77003 for each
21trial court. This estimation shall serve as a basis for recommended
22court budgets, which shall be developed for comparison purposes
23and to delineate funding responsibilities.

24(4) The annual approval of a schedule for the allocation of
25moneys to individual courts and an overall trial court budget for
26forwarding to the Governor for inclusion in the Governor’s
27proposed State Budget. The schedule shall be based on the
28performance criteria established pursuant to paragraph (2), on a
29minimum standard established by the Judicial Council for the
30operation and staffing of all trial court operations, and on any other
31factors as determined by the Judicial Council. This minimum
32standard shall be modeled on court operations using all reasonable
33and available measures to increase court efficiency. The schedule
34of allocations shall assure that all trial courts receive funding for
35the minimum operating and staffing standards before funding
36operating and staffing requests above the minimum standards, and
37shall include incentives and rewards for any trial court’s
38implementation of efficiencies and cost saving measures.

39(5) The reallocation of funds during the course of the fiscal year
40to ensure equal access to the trial courts by the public, to improve
P18   1trial court operations, and to meet trial court emergencies. Neither
2the state nor the counties shall have any obligation to replace
3moneys appropriated for trial courts and reallocated pursuant to
4this paragraph.

5(6) The allocation of funds in the State Trial Court Improvement
6and Modernization Fund to ensure equal access to trial courts by
7the public, to improve trial court operations, and to meet trial court
8emergencies, as expressly authorized by statute.

9(7) Upon approval of the trial courts’ budget by the Legislature,
10the preparation during the course of the fiscal year of allocation
11schedules for payments to the trial courts, consistent with Section
1268085, which shall be submitted to the Controller’s office at least
1315 days before the due date of any allocation.

14(8) The establishment of rules regarding a court’s authority to
15transfer trial court funding moneys from one functional category
16to another in order to address needs in any functional category.

17(9) At the request of the presiding judge of a trial court, an
18independent review of the funding level of the court to determine
19whether it is adequate to enable the court to discharge its statutory
20and constitutional responsibilities.

21(10) From time to time, a review of the level of fees charged
22by the courts for various services and prepare recommended
23adjustments for forwarding to the Legislature.

24(11) Provisions set forth in rules adopted pursuant to Section
25
begin delete 77206 of the Government Code.end deletebegin insert 77206.end insert

26(b) Courts and counties shall establish procedures to allow for
27the sharing of information as it relates to approved budget proposals
28and expenditures that impact the respective court and county
29budgets. The procedures shall include, upon the request of a court
30or county, that a respective court or county shall provide the
31requesting court or county a copy of its approved budget and, to
32the extent possible, approved program expenditure component
33information and a description of budget changes that are anticipated
34to have an impact on the requesting court or county. The Judicial
35Council shall provide to the Legislature on December 31, 2001,
36and yearly thereafter, budget expenditure data at the program
37component level for each court.

38(c) (1) The Judicial Council shall retain the ultimate
39responsibility to adopt a budget and allocate funding for the trial
40courts and perform the other activities listed in subdivision (a) that
P19   1best assure their ability to carry out their functions, promote
2implementation of statewide policies, and promote the immediate
3implementation of efficiencies and cost saving measures in court
4operations, in order to guarantee equal access to the courts.

5(2) (A) When setting the allocations for trial courts, the Judicial
6Council shall set a preliminary allocation in July of each fiscal
7year. The preliminary allocation shall include an estimate of
8available trial court reserves as of June 30 of the prior fiscal year
9and each court’s preliminary allocation shall be offset by the
10amount of reserves in excess of the amount authorized to be carried
11over pursuant to subdivision (b) of Section 77203. In January of
12each fiscal year, after review of available trial court reserves as of
13June 30 of the prior fiscal year, the Judicial Council shall finalize
14allocations to trial courts and each court’s finalized allocation shall
15be offset by the amount of reserves in excess of the amount
16authorized to be carried over pursuant to subdivision (b) of Section
1777203.

begin delete

18(B) Upon preliminary determination of the allocations to trial
19courts pursuant to subparagraph (A), the Judicial Council shall set
20aside 2 percent of the total funds appropriated in Program 45.10
21of Item 0250-101-0932 of the annual Budget Act and these funds
22shall remain in the Trial Court Trust Fund. These funds shall be
23administered by the Judicial Council and be allocated to trial courts
24for unforeseen emergencies, unanticipated expenses for existing
25programs, or unavoidable funding shortfalls. Unavoidable funding
26shortfall requests for up to 1.5 percent of these funds shall be
27submitted by the trial courts to the Judicial Council no later than
28October 1 of each year. The Judicial Council shall, by October 31
29of each year, review and evaluate all requests submitted, select
30trial courts to receive funds, and notify those selected trial courts.
31By March 15 of each year, the Judicial Council shall distribute the
32remaining funds if there has been a request from a trial court for
33unforeseen emergencies or unanticipated expenses that has been
34reviewed, evaluated, and approved. Any unexpended funds shall
35be distributed to the trial courts on a prorated basis.

36(C) The Judicial Council shall, no later than April 15 of each
37year, report to the Legislature, pursuant to Section 9795 of the
38Government Code, and to the Department of Finance all requests
39 and allocations made pursuant to subparagraph (B).

end delete
begin insert

P20   1
(B) The Judicial Council shall hold a reserve of ten million
2dollars ($10,000,000) in the Trial Court Trust Fund to be available
3to trial courts for emergencies. The funding shall be administered
4by the Judicial Council, and any funding allocated shall be
5replenished on an annual basis from the trial court base
6allocations. The Judicial Council shall establish a process for trial
7courts to apply for emergency funding.

end insert
begin insert

8
(C) The Judicial Council shall, no later than October 1 of each
9year, report to the Legislature, pursuant to Section 9795, and to
10the Department of Finance all requests and allocations made
11pursuant to subparagraph (B) for the preceding year.

end insert
12begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 68085.1 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
13by Section 22 of Chapter 913 of the Statutes of 2014, is amended
14to read:end insert

15

68085.1.  

(a) This section applies to all fees and fines that are
16collected on or after January 1, 2006, under all of the following:

17(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
18704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
19subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
20Section 411.21 of, subdivision (b) of Section 631 of, and Chapter
215.5 (commencing with Section 116.110) of Title 1 of Part 1 of, the
22Code of Civil Procedure.

23(2) Section 3112 of the Family Code.

24(3) Section 31622 of the Food and Agricultural Code.

25(4) Subdivision (d) of Section 6103.5, Sections 68086 and
2668086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
2769953.5, and Chapter 5.8 (commencing with Section 70600).

28(5) Section 103470 of the Health and Safety Code.

29(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
30of the Penal Code.

31(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
32Code.

33(8) Sections 14607.6 and 16373 of the Vehicle Code.

34(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
35of the Family Code, and Section 1513.1 of the Probate Code, if
36the reimbursement is for expenses incurred by the court.

37(10) Section 3153 of the Family Code, if the amount is paid to
38the court for the cost of counsel appointed by the court to represent
39a child.

P21   1(b) On and after January 1, 2006, each superior court shall
2deposit all fees and fines listed in subdivision (a), as soon as
3practicable after collection and on a regular basis, into a bank
4account established for this purpose by the Administrative Office
5of the Courts. Upon direction of the Administrative Office of the
6Courts, the county shall deposit civil assessments under Section
71214.1 of the Penal Code and any other money it collects under
8the sections listed in subdivision (a) as soon as practicable after
9collection and on a regular basis into the bank account established
10for this purpose and specified by the Administrative Office of the
11Courts. The deposits shall be made as required by rules adopted
12by, and financial policies and procedures authorized by, the Judicial
13Council under subdivision (a) of Section 77206. Within 15 days
14after the end of the month in which the fees and fines are collected,
15each court, and each county that collects any fines or fees under
16subdivision (a), shall provide the Administrative Office of the
17Courts with a report of the fees by categories as specified by the
18Administrative Office of the Courts. The Administrative Office
19of the Courts and any court may agree upon a time period greater
20than 15 days, but in no case more than 30 days after the end of the
21month in which the fees and fines are collected. The fees and fines
22listed in subdivision (a) shall be distributed as provided in this
23section.

24(c) (1) Within 45 calendar days after the end of the month in
25which the fees and fines listed in subdivision (a) are collected, the
26Administrative Office of the Courts shall make the following
27distributions:

28(A) To the small claims advisory services, as described in
29subdivision (f) of Section 116.230 of the Code of Civil Procedure.

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

32(C) To the county law library funds, as described in Sections
33116.230 and 116.760 of the Code of Civil Procedure, subdivision
34(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
35Section 70621 of this code, and Section 14607.6 of the Vehicle
36Code.

37(D) To the courthouse construction funds in the Counties of
38Riverside, San Bernardino, and San Francisco, as described in
39Sections 70622, 70624, and 70625.

P22   1(E) Commencing July 1, 2011, to the Trial Court Trust Fund,
2as described in subdivision (e) of Section 70626, to be used by the
3Judicial Council to implement and administer the civil
4representation pilot program under Section 68651.

5(2) If any distribution under this subdivision is delinquent, the
6Administrative Office of the Courts shall add a penalty to the
7distribution as specified in subdivision (i).

8(d) Within 45 calendar days after the end of the month in which
9the fees and fines listed in subdivision (a) are collected, the
10amounts remaining after the distributions in subdivision (c) shall
11be transmitted to the State Treasury for deposit in the Trial Court
12Trust Fund and other funds as required by law. This remittance
13shall be accompanied by a remittance advice identifying the
14collection month and the appropriate account in the Trial Court
15Trust Fund or other fund to which it is to be deposited. Upon the
16receipt of any delinquent payment required under this subdivision,
17the Controller shall calculate a penalty as provided under
18subdivision (i).

19(e) From the money transmitted to the State Treasury under
20subdivision (d), the Controller shall make deposits as follows:

21(1) Into the State Court Facilities Construction Fund, the Judges’
22Retirement Fund, and the Equal Access Fund, as described in
23subdivision (c) of Section 68085.3 and subdivision (c) of Section
2468085.4.

25(2) Into the Health Statistics Special Fund, as described in
26subdivision (b) of Section 70670 of this code and Section 103730
27of the Health and Safety Code.

28(3) Into the Family Law Trust Fund, as described in Section
2970674.

30(4) Into the Immediate and Critical Needs Account of the State
31Court Facilities Construction Fund, established in Section 70371.5,
32as described in Sections 68085.3, 68085.4, and 70657.5, and
33subdivision (e) of Section 70617.

34(5) The remainder of the money shall be deposited into the Trial
35Court Trust Fund.

36(f) The amounts collected by each superior court under Section
37116.232, subdivision (g) of Section 411.20, and subdivision (g) of
38Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
393153, 7851.5, and 9002 of the Family Code, subdivision (d) of
40Section 6103.5, subdivision (d) of Section 68511.3 and Sections
P23   168926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
2of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
3Probate Code shall be added to the monthly apportionment for that
4court under subdivision (a) of Section 68085.

5(g) If any of the fees provided in subdivision (a) are partially
6waived by court order or otherwise reduced, and the fee is to be
7divided between the Trial Court Trust Fund and any other fund or
8account, the amount of the reduction shall be deducted from the
9amount to be distributed to each fund in the same proportion as
10the amount of each distribution bears to the total amount of the
11fee. If the fee is paid by installment payments, the amount
12distributed to each fund or account from each installment shall
13bear the same proportion to the installment payment as the full
14distribution to that fund or account does to the full fee. If a court
15collects a fee that was incurred before January 1, 2006, under a
16provision that was the predecessor to one of the paragraphs
17contained in subdivision (a), the fee may be deposited as if it were
18collected under the paragraph of subdivision (a) that corresponds
19to the predecessor of that paragraph and distributed in prorated
20amounts to each fund or account to which the fee in subdivision
21(a) must be distributed.

22(h) Except as provided in Sections 470.5 and 6322.1 of the
23Business and Professions Code, and Sections 70622, 70624, and
2470625 of this code, an agency shall not take action to change the
25amounts allocated to any of the funds described in subdivision (c),
26(d), or (e).

27(i) The amount of the penalty on any delinquent payment under
28subdivision (c) or (d) shall be calculated by multiplying the amount
29of the delinquent payment at a daily rate equivalent to 112 percent
30per month for the number of days the payment is delinquent. The
31penalty shall be paid from the Trial Court Trust Fund. Penalties
32on delinquent payments under subdivision (d) shall be calculated
33only on the amounts to be distributed to the Trial Court Trust Fund
34and the State Court Facilities Construction Fund, and each penalty
35 shall be distributed proportionately to the funds to which the
36delinquent payment was to be distributed.

37(j) If a delinquent payment under subdivision (c) or (d) results
38from a delinquency by a superior court under subdivision (b), the
39court shall reimburse the Trial Court Trust Fund for the amount
40of the penalty. Notwithstanding Section 77009, any penalty on a
P24   1delinquent payment that a court is required to reimburse pursuant
2to this section shall be paid from the court operations fund for that
3court. The penalty shall be paid by the court to the Trial Court
4Trust Fund no later than 45 days after the end of the month in
5which the penalty was calculated. If the penalty is not paid within
6the specified time, the Administrative Office of the Courts may
7reduce the amount of a subsequent monthly allocation to the court
8by the amount of the penalty on the delinquent payment.

9(k) If a delinquent payment under subdivision (c) or (d) results
10from a delinquency by a county in transmitting fees and fines listed
11in subdivision (a) to the bank account established for this purpose,
12as described in subdivision (b), the county shall reimburse the Trial
13Court Trust Fund for the amount of the penalty. The penalty shall
14be paid by the county to the Trial Court Trust Fund no later than
1545 days after the end of the month in which the penalty was
16calculated.

begin delete

17(l) This section shall become inoperative on July 1, 2017, and,
18as of January 1, 2018, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2018, deletes or
20extends the dates on which it becomes inoperative and is repealed.

end delete
21begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 68085.1 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
22by Section 19 of Chapter 41 of the Statutes of 2012, is repealed.end insert

begin delete
23

68085.1.  

(a) This section applies to all fees and fines that are
24collected on or after January 1, 2006, under all of the following:

25(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
26704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
27subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
28Section 411.21 of, subdivision (b) of Section 631 of, and Chapter
295.5 (commencing with Section 116.110) of Title 1 of Part 1 of, the
30Code of Civil Procedure.

31(2) Section 3112 of the Family Code.

32(3) Section 31622 of the Food and Agricultural Code.

33(4) Subdivision (d) of Section 6103.5, Sections 68086 and
3468086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
3569953.5, and Chapter 5.8 (commencing with Section 70600).

36(5) Section 103470 of the Health and Safety Code.

37(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
38of the Penal Code.

39(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
40Code.

P25   1(8) Sections 14607.6 and 16373 of the Vehicle Code.

2(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
3of the Family Code, and Section 1513.1 of the Probate Code, if
4the reimbursement is for expenses incurred by the court.

5(10) Section 3153 of the Family Code, if the amount is paid to
6the court for the cost of counsel appointed by the court to represent
7a child.

8(b) On and after January 1, 2006, each superior court shall
9deposit all fees and fines listed in subdivision (a), as soon as
10practicable after collection and on a regular basis, into a bank
11account established for this purpose by the Administrative Office
12of the Courts. Upon direction of the Administrative Office of the
13Courts, the county shall deposit civil assessments under Section
141214.1 of the Penal Code and any other money it collects under
15the sections listed in subdivision (a) as soon as practicable after
16collection and on a regular basis into the bank account established
17for this purpose and specified by the Administrative Office of the
18Courts. The deposits shall be made as required by rules adopted
19by, and financial policies and procedures authorized by, the Judicial
20Council under subdivision (a) of Section 77206. Within 15 days
21after the end of the month in which the fees and fines are collected,
22each court, and each county that collects any fines or fees under
23subdivision (a), shall provide the Administrative Office of the
24Courts with a report of the fees by categories as specified by the
25Administrative Office of the Courts. The Administrative Office
26of the Courts and any court may agree upon a time period greater
27than 15 days, but in no case more than 30 days after the end of the
28month in which the fees and fines are collected. The fees and fines
29listed in subdivision (a) shall be distributed as provided in this
30section.

31(c) (1) Within 45 calendar days after the end of the month in
32which the fees and fines listed in subdivision (a) are collected, the
33Administrative Office of the Courts shall make the following
34distributions:

35(A) To the small claims advisory services, as described in
36subdivision (f) of Section 116.230 of the Code of Civil Procedure.

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

39(C) To the county law library funds, as described in Sections
40116.230 and 116.760 of the Code of Civil Procedure, subdivision
P26   1(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
2Section 70621 of this code, and Section 14607.6 of the Vehicle
3Code.

4(D) To the courthouse construction funds in the Counties of
5Riverside, San Bernardino, and San Francisco, as described in
6Sections 70622, 70624, and 70625.

7(2) If any distribution under this subdivision is delinquent, the
8Administrative Office of the Courts shall add a penalty to the
9distribution as specified in subdivision (i).

10(d) Within 45 calendar days after the end of the month in which
11the fees and fines listed in subdivision (a) are collected, the
12amounts remaining after the distributions in subdivision (c) shall
13be transmitted to the State Treasury for deposit in the Trial Court
14Trust Fund and other funds as required by law. This remittance
15shall be accompanied by a remittance advice identifying the
16collection month and the appropriate account in the Trial Court
17Trust Fund or other fund to which it is to be deposited. Upon the
18receipt of any delinquent payment required under this subdivision,
19the Controller shall calculate a penalty as provided under
20subdivision (i).

21(e) From the money transmitted to the State Treasury under
22subdivision (d), the Controller shall make deposits as follows:

23(1) Into the State Court Facilities Construction Fund, the Judges’
24Retirement Fund, and the Equal Access Fund, as described in
25subdivision (c) of Section 68085.3 and subdivision (c) of Section
2668085.4.

27(2) Into the Health Statistics Special Fund, as described in
28subdivision (b) of Section 70670 of this code and Section 103730
29of the Health and Safety Code.

30(3) Into the Family Law Trust Fund, as described in Section
3170674.

32(4) Into the Immediate and Critical Needs Account of the State
33Court Facilities Construction Fund, established in Section 70371.5,
34as described in Sections 68085.3, 68085.4, and 70657.5, and
35subdivision (e) of Section 70617.

36(5) The remainder of the money shall be deposited into the Trial
37Court Trust Fund.

38(f) The amounts collected by each superior court under Section
39116.232, subdivision (g) of Section 411.20, and subdivision (g) of
40Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
P27   13153, 7851.5, and 9002 of the Family Code, subdivision (d) of
2Section 6103.5, subdivision (d) of Section 68511.3 and Sections
368926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
4of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
5Probate Code shall be added to the monthly apportionment for that
6court under subdivision (a) of Section 68085.

7(g) If any of the fees provided in subdivision (a) are partially
8waived by court order or otherwise reduced, and the fee is to be
9divided between the Trial Court Trust Fund and any other fund or
10account, the amount of the reduction shall be deducted from the
11amount to be distributed to each fund in the same proportion as
12the amount of each distribution bears to the total amount of the
13fee. If the fee is paid by installment payments, the amount
14distributed to each fund or account from each installment shall
15bear the same proportion to the installment payment as the full
16distribution to that fund or account does to the full fee. If a court
17collects a fee that was incurred before January 1, 2006, under a
18provision that was the predecessor to one of the paragraphs
19contained in subdivision (a), the fee may be deposited as if it were
20collected under the paragraph of subdivision (a) that corresponds
21to the predecessor of that paragraph and distributed in prorated
22amounts to each fund or account to which the fee in subdivision
23(a) must be distributed.

24(h) Except as provided in Sections 470.5 and 6322.1 of the
25Business and Professions Code, and Sections 70622, 70624, and
2670625 of this code, no agency may take action to change the
27amounts allocated to any of the funds described in subdivision (c),
28(d), or (e).

29(i) The amount of the penalty on any delinquent payment under
30subdivision (c) or (d) shall be calculated by multiplying the amount
31of the delinquent payment at a daily rate equivalent to 112 percent
32per month for the number of days the payment is delinquent. The
33penalty shall be paid from the Trial Court Trust Fund. Penalties
34on delinquent payments under subdivision (d) shall be calculated
35only on the amounts to be distributed to the Trial Court Trust Fund
36and the State Court Facilities Construction Fund, and each penalty
37shall be distributed proportionately to the funds to which the
38delinquent payment was to be distributed.

39(j) If a delinquent payment under subdivision (c) or (d) results
40from a delinquency by a superior court under subdivision (b), the
P28   1court shall reimburse the Trial Court Trust Fund for the amount
2of the penalty. Notwithstanding Section 77009, any penalty on a
3delinquent payment that a court is required to reimburse pursuant
4to this section shall be paid from the court operations fund for that
5court. The penalty shall be paid by the court to the Trial Court
6Trust Fund no later than 45 days after the end of the month in
7which the penalty was calculated. If the penalty is not paid within
8the specified time, the Administrative Office of the Courts may
9reduce the amount of a subsequent monthly allocation to the court
10by the amount of the penalty on the delinquent payment.

11(k) If a delinquent payment under subdivision (c) or (d) results
12from a delinquency by a county in transmitting fees and fines listed
13in subdivision (a) to the bank account established for this purpose,
14as described in subdivision (b), the county shall reimburse the Trial
15Court Trust Fund for the amount of the penalty. The penalty shall
16be paid by the county to the Trial Court Trust Fund no later than
1745 days after the end of the month in which the penalty was
18calculated.

19(l) This section shall become operative on July 1, 2017.

end delete
20begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 68651 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

68651.  

(a) Legal counsel shall be appointed to represent
23low-income parties in civil matters involving critical issues
24affecting basic human needs in those specified courts selected by
25the Judicial Council as provided in this section.

26(b) (1) Subject to funding specifically provided for this purpose
27pursuant to subdivisionbegin delete (d)end deletebegin insert (e)end insert of Section 70626, the Judicial
28Council shall develop one or more model pilot projects in selected
29courts pursuant to a competitive grant process and a request for
30proposals. Projects authorized under this section shall provide
31 representation of counsel for low-income persons who require
32legal services in civil matters involving housing-related matters,
33domestic violence and civil harassment restraining orders, probate
34conservatorships, guardianships of the person, elder abuse, or
35actions by a parent to obtain sole legal or physical custody of a
36child, as well as providing court procedures, personnel, training,
37and case management and administration methods that reflect best
38practices to ensure unrepresented parties in those cases have
39meaningful access to justice, and to gather information on the
40outcomes associated with providing these services, to guard against
P29   1the involuntary waiver of those rights or their disposition by
2default. These pilot projects should be designed to address the
3substantial inequities in timely and effective access to justice that
4often give rise to an undue risk of erroneous decision because of
5the nature and complexity of the law and the proceeding or
6disparities between the parties in education, sophistication,
7language proficiency, legal representation, access to self-help, and
8alternative dispute resolution services. In order to ensure that the
9scarce funds available for the program are used to serve the most
10critical cases and the parties least able to access the courts without
11representation, eligibility for representation shall be limited to
12clients whose household income falls at or below 200 percent of
13the federal poverty level. Projects shall impose asset limitations
14consistent with their existing practices in order to ensure optimal
15use of funds.

16(2) (A) In light of the significant percentage of parties who are
17unrepresented in family law matters, proposals to provide counsel
18in child custody cases should be considered among the highest
19priorities for funding, particularly when one side is represented
20and the other is not.

21(B) Up to 20 percent of available funds shall be directed to
22projects regarding civil matters involving actions by a parent to
23obtain sole legal or physical custody of a child. This subparagraph
24shall not apply to distributions made pursuant to paragraph (3).

25(3) For the 2012-13 fiscal year, and each subsequent fiscal year,
26any amounts collected pursuant to subdivisionbegin delete (d)end deletebegin insert (e)end insert of Section
2770626 in excess of the total amount transferred to the Trial Court
28Trust Fund in the 2011-12 fiscal year pursuant to subparagraph
29(E) of paragraph (1) of subdivision (c) of Section 68085.1 and
30subdivisionbegin delete (d)end deletebegin insert (e)end insert of Section 70626 shall be distributed by the
31Judicial Council without regard to subparagraph (B) of paragraph
32(2). Those amounts may be distributed by the Judicial Council as
33set forth in thisbegin delete subdivision beginning July 1, 2012.end deletebegin insert subdivision.end insert
34 If the funds are to be distributed to new projects, the Judicial
35Council shall distribute those amounts pursuant to the process set
36forth in this subdivision.

37(4) Each project shall be a partnership between the court, a
38qualified legal services project, as defined by subdivision (a) of
39Section 6213 of the Business and Professions Code, that shall serve
40as the lead agency for case assessment and direction, and other
P30   1legal services providers in the community who are able to provide
2the services for the project. The lead legal services agency shall
3be the central point of contact for receipt of referrals to the project
4and to make determinations of eligibility based on uniform criteria.
5The lead legal services agency shall be responsible for providing
6representation to the clients or referring the matter to one of the
7organization or individual providers with whom the lead legal
8services agency contracts to provide the service. Funds received
9by a qualified legal services project shall not qualify as
10expenditures for the purposes of the distribution of funds pursuant
11to Section 6216 of the Business and Professions Code. To the
12extent practical, the lead legal services agency shall identify and
13make use of pro bono services in order to maximize available
14services efficiently and economically. Recognizing that not all
15indigent parties can be afforded representation, even when they
16have meritorious cases, the court partner shall, as a corollary to
17the services provided by the lead legal services agency, be
18 responsible for providing procedures, personnel, training, and case
19management and administration practices that reflect best practices
20to ensure unrepresented parties meaningful access to justice and
21to guard against the involuntary waiver of rights, as well as to
22encourage fair and expeditious voluntary dispute resolution,
23consistent with principles of judicial neutrality.

24(5) The participating projects shall be selected by a committee
25appointed by the Judicial Council with representation from key
26stakeholder groups, including judicial officers, legal services
27providers, and others, as appropriate. The committee shall assess
28the applicants’ capacity for success, innovation, and efficiency,
29including, but not limited to, the likelihood that the project would
30deliver quality representation in an effective manner that would
31meet critical needs in the community and address the needs of the
32court with regard to access to justice and calendar management,
33and the unique local unmet needs for representation in the
34community. Projects approved pursuant to this section shall initially
35be authorized for a three-year period, commencing July 1, 2011,
36subject to renewal for a period to be determined by the Judicial
37Council, in consultation with the participating project in light of
38the project’s capacity and success. After the initial three-year
39period, the Judicial Council shall distribute any future funds
40available as the result of the termination or nonrenewal of a project
P31   1pursuant to the process set forth in this subdivision. Projects shall
2be selected on the basis of whether in the cases proposed for service
3the persons to be assisted are likely to be opposed by a party who
4is represented by counsel. The Judicial Council shall also consider
5the following factors in selecting the projects:

6(A) The likelihood that representation in the proposed case type
7tends to affect whether a party prevails or otherwise obtains a
8significantly more favorable outcome in a matter in which they
9would otherwise frequently have judgment entered against them
10or suffer the deprivation of the basic human need at issue.

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

12(C) The nature and severity of potential consequences for the
13unrepresented party regarding the basic human need at stake if
14representation is not provided.

15(D) Whether the provision of legal services may eliminate or
16reduce the potential need for and cost of public social services
17regarding the basic human need at stake for the client and others
18in the client’s household.

19(E) The unmet need for legal services in the geographic area to
20be served.

21(F) The availability and effectiveness of other types of court
22services, such as self-help.

23(6) Each applicant shall do all of the following:

24(A) Identify the nature of the partnership between the court, the
25lead legal services agency, and the other agencies or other providers
26that would work within the project.

27(B) Describe the referral protocols to be used, the criteria that
28would be employed in case assessment, why those cases were
29selected, the manner to address conflicts without violating any
30attorney-client privilege when adverse parties are seeking
31representation through the project, and the means for serving
32potential clients who need assistance with English.

33(C) Describe how the project would be administered, including
34how the data collection requirements would be met without causing
35an undue burden on the courts, clients, or the providers, the
36particular objectives of the project, strategies to evaluate their
37success in meeting those objectives, and the means by which the
38project would serve the particular needs of the community, such
39as by providing representation to limited-English-speaking clients.

P32   1(7) To ensure the most effective use of the funding available,
2the lead legal services agency shall serve as a hub for all referrals,
3and the point at which decisions are made about which referrals
4will be served and by whom. Referrals shall emanate from the
5court, as well as from the other agencies providing services through
6the program, and shall be directed to the lead legal services agency
7for review. That agency, or another agency or attorney in the event
8of conflict, shall collect the information necessary to assess whether
9the case should be served. In performing that case assessment, the
10agency shall determine the relative need for representation of the
11litigant, including all of the following:

12(A) Case complexity.

13(B) Whether the other party is represented.

14(C) The adversarial nature of the proceeding.

15(D) The availability and effectiveness of other types of services,
16such as self-help, in light of the potential client and the nature of
17the case.

18(E) Language issues.

19(F) Disability access issues.

20(G) Literacy issues.

21(H) The merits of the case.

22(I) The nature and severity of potential consequences for the
23potential client if representation is not provided.

24(J) Whether the provision of legal services may eliminate or
25reduce the needbegin delete forend deletebegin insert for,end insert and costbegin delete ofend deletebegin insert of,end insert public social services for
26the potential client and others in the potential client’s household.

27(8) If both parties to a dispute are financially eligible for
28representation, each proposal shall ensure that representation for
29both sides is evaluated. In these and other cases in which conflict
30issues arise, the lead legal services agency shall have referral
31protocols with other agencies and providers, such as a private
32attorney panel, to address those conflicts.

33(9) Each pilot project shall be responsible for keeping records
34on the referrals accepted and those not accepted for representation,
35and the reasons for each, in a manner that does not violatebegin delete anyend delete
36 privileged communications between the agency and the prospective
37client. Each pilot project shall be provided with standardized data
38collection tools, and required to track case information for each
39referral to allow the evaluation to measure the number of cases
40served, the level of service required, and the outcomes for the
P33   1clients in each case. In addition to this information on the effect
2of the representation on the clients, data shall be collected regarding
3the outcomes for the trial courts.

4(10) A local advisory committee shall be formed for each pilot
5project, to include representatives of the bench and court
6administration, the lead legal services agency, and the other
7agencies or providers that are part of the local project team. The
8role of the advisory committee is to facilitate the administration
9of the local pilot project, and to ensure that the project is fulfilling
10its objectives. In addition, the committee shall resolve any issues
11that arise during the course of the pilot project, including issues
12concerning case eligibility, and recommend changes in project
13administration in response to implementation challenges. The
14committee shall meet at least monthly for the first six months of
15the project, and no less than quarterly for the duration of the pilot
16period. Each authorized pilot project shall catalog changes to the
17program made during the three-year period based on its experiences
18with best practices in serving the eligible population.

19(c) The Judicial Council shall conduct a study to demonstrate
20the effectiveness and continued need for the pilot program
21established pursuant to this section and shall report its findings
22and recommendations to the Governor and the Legislature on or
23before January 31, 2016. The study shall report on the percentage
24of funding by case type and shall include data on the impact of
25counsel on equal access to justice and the effect on court
26administration and efficiency, and enhanced coordination between
27courts and other government service providers and community
28resources. This report shall describe the benefits of providing
29representation to those who were previously not represented, both
30for the clients and the courts, as well as strategies and
31recommendations for maximizing the benefit of that representation
32in the future. The report shall describe and include data, if
33available, on the impact of the pilot program on families and
34children. The report also shall include an assessment of the
35continuing unmet needs and, if available, data regarding those
36unmet needs.

37(d) This section shall not be construed to negate, alter, or limit
38any right to counsel in a criminal or civil action or proceeding
39otherwise provided by state or federal law.

begin delete

40(e) The section shall become operative on July 1, 2011.

end delete
P34   1begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 70626 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
2by Section 45 of Chapter 41 of the Statutes of 2012, is amended
3to read:end insert

4

70626.  

(a) The fee for each of the following services is
5twenty-five dollars ($25). Subject to subdivision (e), amounts
6collected shall be distributed to the Trial Court Trust Fund under
7Section 68085.1.

8(1) Issuing a writ of attachment, a writ of mandate, a writ of
9execution, a writ of sale, a writ of possession, a writ of prohibition,
10or any other writ for the enforcement of any order or judgment.

11(2) Issuing an abstract of judgment.

12(3) Issuing a certificate of satisfaction of judgment under Section
13724.100 of the Code of Civil Procedure.

14(4) Certifying a copy of any paper, record, or proceeding on file
15in the office of the clerk of any court.

16(5) Taking an affidavit, except in criminal cases or adoption
17proceedings.

18(6) Acknowledgment of any deed or other instrument, including
19the certificate.

20(7) Recording or registering any license or certificate, or issuing
21any certificate in connection with a license, required by law, for
22which a charge is not otherwise prescribed.

23(8) Issuing any certificate for which the fee is not otherwise
24fixed.

25(b) The fee for each of the following services is thirty dollars
26($30). Subject to subdivision (e), amounts collected shall be
27distributed to the Trial Court Trust Fund under Section 68085.1.

28(1) Issuing an order of sale.

29(2) Receiving and filing an abstract of judgment rendered by a
30judge of another court and subsequent services based on it, unless
31the abstract of judgment is filed under Section 704.750 or 708.160
32of the Code of Civil Procedure.

33(3) Filing a confession of judgment under Section 1134 of the
34Code of Civil Procedure.

35(4) Filing an application for renewal of judgment under Section
36683.150 of the Code of Civil Procedure.

37(5) Issuing a commission to take a deposition in another state
38or place under Section 2026.010 of the Code of Civil Procedure,
39or issuing a subpoena under Section 2029.300 to take a deposition
P35   1in this state for purposes of a proceeding pending in another
2jurisdiction.

3(6) Filing and entering an award under the Workers’
4Compensation Law (Division 4 (commencing with Section 3200)
5of the Labor Code).

6(7) Filing an affidavit of publication of notice of dissolution of
7partnership.

8(8) Filing an appeal of a determination whether a dog is
9potentially dangerous or vicious under Section 31622 of the Food
10and Agricultural Code.

11(9) Filing an affidavit under Section 13200 of the Probate Code,
12together with the issuance of one certified copy of the affidavit
13under Section 13202 of the Probate Code.

14(10) Filing and indexing all papers for which a charge is not
15elsewhere provided, other than papers filed in actions or special
16proceedings, official bonds, or certificates of appointment.

17(c) The fee for filing a first petition under Section 2029.600 or
182029.620 of the Code of Civil Procedure, if the petitioner is not a
19party to the out-of-state case, is eighty dollars ($80). Amounts
20collected shall be distributed to the Trial Court Trust Fund pursuant
21to Section 68085.1.

22(d) The fee for delivering a will to the clerk of the superior court
23in which the estate of a decedent may be administered, as required
24by Section 8200 of the Probate Code, is fifty dollars ($50).

25(e) begin deleteFrom July 1, 2011, to June 30, 2017, inclusive, ten end deletebegin insertAn
26amount equivalent to ten end insert
dollars ($10) of each fee collected
27pursuant to subdivisions (a) and (b) shall be used by the Judicial
28Council for the expenses of the Judicial Council in implementing
29and administering the civil representation pilot program under
30Section 68651.

begin delete

31(f) This section shall become inoperative on July 1, 2017, and,
32as of January 1, 2018, is repealed, unless a later enacted statute,
33that becomes operative on or before January 1, 2018, deletes or
34extends the dates on which it becomes inoperative and is repealed.

end delete
35begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 70626 of the end insertbegin insertGovernment Codeend insertbegin insert, as amended
36by Section 46 of Chapter 41 of the Statutes of 2012, is repealed.end insert

begin delete
37

70626.  

(a) The fee for each of the following services is fifteen
38dollars ($15). Amounts collected shall be distributed to the Trial
39Court Trust Fund under Section 68085.1.

P36   1(1) Issuing a writ of attachment, a writ of mandate, a writ of
2execution, a writ of sale, a writ of possession, a writ of prohibition,
3or any other writ for the enforcement of any order or judgment.

4(2) Issuing an abstract of judgment.

5(3) Issuing a certificate of satisfaction of judgment under Section
6724.100 of the Code of Civil Procedure.

7(4) Certifying a copy of any paper, record, or proceeding on file
8in the office of the clerk of any court.

9(5) Taking an affidavit, except in criminal cases or adoption
10proceedings.

11(6) Acknowledgment of any deed or other instrument, including
12the certificate.

13(7) Recording or registering any license or certificate, or issuing
14any certificate in connection with a license, required by law, for
15which a charge is not otherwise prescribed.

16(8) Issuing any certificate for which the fee is not otherwise
17fixed.

18(b) The fee for each of the following services is twenty dollars
19($20). Amounts collected shall be distributed to the Trial Court
20Trust Fund under Section 68085.1.

21(1) Issuing an order of sale.

22(2) Receiving and filing an abstract of judgment rendered by a
23judge of another court and subsequent services based on it, unless
24the abstract of judgment is filed under Section 704.750 or 708.160
25of the Code of Civil Procedure.

26(3) Filing a confession of judgment under Section 1134 of the
27Code of Civil Procedure.

28(4) Filing an application for renewal of judgment under Section
29683.150 of the Code of Civil Procedure.

30(5) Issuing a commission to take a deposition in another state
31or place under Section 2026.010 of the Code of Civil Procedure,
32or issuing a subpoena under Section 2029.300 to take a deposition
33in this state for purposes of a proceeding pending in another
34jurisdiction.

35(6) Filing and entering an award under the Workers’
36Compensation Law (Division 4 (commencing with Section 3200)
37of the Labor Code).

38(7) Filing an affidavit of publication of notice of dissolution of
39partnership.

P37   1(8) Filing an appeal of a determination whether a dog is
2potentially dangerous or vicious under Section 31622 of the Food
3and Agricultural Code.

4(9) Filing an affidavit under Section 13200 of the Probate Code,
5together with the issuance of one certified copy of the affidavit
6under Section 13202 of the Probate Code.

7(10) Filing and indexing all papers for which a charge is not
8elsewhere provided, other than papers filed in actions or special
9proceedings, official bonds, or certificates of appointment.

10(c) The fee for filing a first petition under Section 2029.600 or
112029.620 of the Code of Civil Procedure, if the petitioner is not a
12party to the out-of-state case, is eighty dollars ($80). Amounts
13collected shall be distributed to the Trial Court Trust Fund pursuant
14to Section 68085.1.

15(d) The fee for delivering a will to the clerk of the superior court
16in which the estate of a decedent may be administered, as required
17by Section 8200 of the Probate Code, is fifty dollars ($50).

18(e) This section shall become operative on July 1, 2017.

end delete
19begin insert

begin insertSEC. 14.end insert  

end insert
begin insert

The Legislature hereby finds and declares all of the
20following:

end insert
begin insert

21
(a) The courts provide various and diverse services to the public
22that are necessary for the protection of the fundamental liberties
23of our society.

end insert
begin insert

24
(b) Court services are heavily subsidized by the General Fund.
25If the total cost were passed on to the user, it would result in
26prohibitively expensive fees for even minor transactions.

end insert
begin insert

27
(c) Traditionally, funding for many court-administered programs
28has been linked to the filing and processing of court documents.

end insert
begin insert

29
(d) The linking of filing fees and the allocation of amounts
30equivalent to specified percentages of those fees to various
31programs provides an accounting mechanism, as a way to estimate
32how much funding a program will receive and to direct that
33funding, and is not intended to be indicative of the actual
34distribution of the specific fees or the cost of the actual services
35provided, for which General Fund moneys are largely used.

end insert
36begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 320.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

37

320.6.  

(a) Notwithstanding Section 320.5, this section shall
38apply to an eligible organization, as defined in subdivision (c).

39(b) A raffle conducted by an eligible organization, as defined
40in subdivision (c), for the purpose of directly supporting beneficial
P38   1or charitable purposes or financially supporting another private,
2nonprofit eligible organization, as defined in subdivision (c) of
3Section 320.5, that performs beneficial or charitable purposes may
4be conducted in accordance with this section.

5(c) For purposes of this section, “eligible organization” means
6a private, nonprofit organization established by, or affiliated with,
7a team from the Major League Baseball, National Hockey League,
8National Basketball Association, National Football League,
9Women’s National Basketball Association, or Major League
10Soccer, or a private, nonprofit organization established by the
11Professional Golfers’ Association of America, Ladies Professional
12Golf Association, or National Association for Stock Car Auto
13Racing that has been qualified to conduct business in California
14for at least one year before conducting a raffle, is qualified for an
15exemption under Section 501(c)(3) of the Internal Revenue Code,
16and is exempt from taxation pursuant to Section 23701a, 23701b,
1723701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or
1823701w of the Revenue and Taxation Code.

19(d) For purposes of this section, “raffle” means a scheme for
20the distribution of prizes by chance among persons who have paid
21money for paper tickets that provide the opportunity to win these
22prizes, in which all of the following are true:

23(1) Each ticket sold contains a unique and matching identifier.

24(2) (A) Winners of the prizes are determined by a manual draw
25from tickets described in paragraph (1) that have been sold for
26entry in the manual draw.

27(B) An electronic device may be used to sell tickets. The ticket
28receipt issued by the electronic device to the purchaser may include
29more than one unique and matching identifier, representative of
30and matched to the number of tickets purchased in a single
31transaction.

32(C) A random number generator is not used for the manual draw
33or to sell tickets.

34(D) The prize paid to the winner is comprised of one-half or 50
35percent of the gross receipts generated from the sale of raffle tickets
36for a raffle.

37(3) The manual draw is conducted in California under the
38supervision of a natural person who meets all of the following
39requirements:

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

P39   1(B) The person is affiliated with the eligible organization
2conducting the raffle.

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

5(4) (A) Fifty percent of the gross receipts generated from the
6sale of raffle tickets for any given manual draw are used by the
7eligible organization conducting the raffle to benefit or provide
8support for beneficial or charitable purposes, or used to benefit
9another private, nonprofit organization, provided that an
10organization receiving these funds is itself an eligible organization
11as defined in subdivision (c) of Section 320.5. As used in this
12section, “beneficial purposes” excludes purposes that are intended
13to benefit officers, directors, or members, as defined by Section
145056 of the Corporations Code, of the eligible organization. Funds
15raised by raffles conducted pursuant to this section shall not be
16used to fund any beneficial, charitable, or other purpose outside
17of California. This section does not preclude an eligible
18organization from using funds from sources other than the sale of
19raffle tickets to pay for the administration or other costs of
20conducting a raffle.

21(B) An employee of an eligible organization who is a direct
22seller of raffle tickets shall not be treated as an employee for
23purposes of workers’ compensation under Section 3351 of the
24Labor Code if the following conditions are satisfied:

25(i) Substantially all of the remuneration, whether or not paid in
26cash, for the performance of the service of selling raffle tickets is
27directly related to sales rather than to the number of hours worked.

28(ii) The services performed by the person are performed pursuant
29to a written contract between the seller and the eligible organization
30and the contract provides that the person will not be treated as an
31employee with respect to the selling of raffle tickets for workers’
32compensation purposes.

33(C) For purposes of this section, an employee selling raffle
34tickets shall be deemed to be a direct seller as described in Section
35650 of the Unemployment Insurance Code as long as he or she
36meets the requirements of that section.

37(e) A person who receives compensation in connection with the
38operation of the raffle shall be an employee of the eligible
39organization that is conducting the raffle, and in no event may
P40   1compensation be paid from revenues required to be dedicated to
2beneficial or charitable purposes.

3(f) A raffle ticket shall not be sold in exchange for Bitcoin or
4any other cryptocurrency.

5(g) A raffle otherwise permitted under this section shall not be
6conducted by means of, or otherwise utilize, any gaming machine
7that meets the definition of slot machine contained in Section 330a,
8330b, or 330.1.

9(h) (1) A raffle otherwise permitted under this section shall not
10be conducted, nor may tickets for a raffle be sold, within an
11operating satellite wagering facility or racetrack inclosure licensed
12pursuant to the Horse Racing Law (Chapter 4 (commencing with
13Section 19400) of Division 8 of the Business and Professions Code)
14or within a gambling establishment licensed pursuant to the
15Gambling Control Act (Chapter 5 (commencing with Section
1619800) of Division 8 of the Business and Professions Code).

17(2) A raffle shall not be operated or conducted in any manner
18over the Internet, nor may raffle tickets be sold, traded, or redeemed
19over the Internet. For purposes of this paragraph, an eligible
20organization shall not be deemed to operate or conduct a raffle
21over the Internet, or sell raffle tickets over the Internet, if the
22eligible organization advertises its raffle on the Internet or permits
23others to do so. Information that may be conveyed on an Internet
24Web site pursuant to this paragraph includes, but is not limited to,
25all of the following:

26(A) Lists, descriptions, photographs, or videos of the raffle
27prizes.

28(B) Lists of the prize winners.

29(C) The rules of the raffle.

30(D) Frequently asked questions and their answers.

31(E) Raffle entry forms, which may be downloaded from the
32Internet Web site for manual completion by raffle ticket purchasers,
33but shall not be submitted to the eligible organization through the
34Internet.

35(F) Raffle contact information, including the eligible
36organization’s name, address, telephone number, facsimile number,
37or email address.

38(i) An individual, corporation, partnership, or other legal entity
39shall not hold a financial interest in the conduct of a raffle, except
40the eligible organization that is itself authorized to conduct that
P41   1raffle, and any private, nonprofit, eligible organizations receiving
2financial support from that charitable organization pursuant to
3subdivisions (b) and (d).

4(j) (1) An eligible organization may conduct a major league
5sports raffle only at a home game.

6(2) An eligible organization shall not conduct more than one
7major league sports raffle per home game.

8(k) An employee shall not sell raffle tickets in any seating area
9designated as a family section.

10(l) An eligible organization shall disclose to all ticket purchasers
11the designated private, nonprofit, eligible organization for which
12the raffle is being conducted.

13(m) An eligible organization that conducts a raffle to financially
14support another private, nonprofit eligible organization, as defined
15in subdivision (c) of Section 320.5, shall distribute all proceeds
16not paid out to the winners of the prizes to the private, nonprofit
17organization within 15 days of conducting the raffle, in accordance
18with this section.

19(n) Any raffle prize remaining unclaimed by a winner at the end
20of the season for a team with an affiliated eligible organization
21that conducted a raffle to financially support another private,
22nonprofit eligible organization, as defined in subdivision (c) of
23Section 320.5, shall be donated within 30 days from the end of the
24season by the eligible organization to the designated private,
25nonprofit organization for which the raffle was conducted.

26(o) (1) (A) An eligible organization shall not conduct a raffle
27authorized under this section, unless it has a valid registration
28issued by the Department of Justice. The department shall furnish
29a registration form via the Internet or upon request to eligible
30nonprofit organizations. The department shall, by regulation, collect
31only the information necessary to carry out the provisions of this
32section on this form. This information shall include, but is not
33limited to, the following:

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

35(ii) The federal tax identification number, the corporate number
36issued by the Secretary of State, the organization number issued
37by the Franchise Tax Board, or the California charitable trust
38identification number of the eligible organization.

39(iii) The name and title of a responsible fiduciary of the
40organization.

P42   1(B) (i) The department may require an eligible organization to
2pay a minimum annual registration fee of five thousand dollars
3($5,000) to cover the reasonable costs of the department to
4administer and enforce this section.

5(ii) An eligible organization shall pay, in addition to the annual
6registration application fee, one hundred dollars ($100) for every
7individual raffle conducted at an eligible location to cover the
8reasonable costs of the department to administer and enforce this
9section. This fee shall be submitted in conjunction with the annual
10registration form.

11(2) (A) A manufacturer or distributor of raffle-related products
12or services shall not conduct business with an eligible organization
13for purposes of conducting a raffle pursuant to this section unless
14the manufacturer or distributor has a valid annual registration
15issued by the department.

16(B) The department may require a manufacturer or distributor
17of raffle-related products or services to pay a minimum annual
18registration fee of five thousand dollars ($5,000) to cover the
19reasonable costs of the department to administer and enforce this
20section.

21(3) An eligible organization shall register the equipment used
22in the sale and distribution of raffle tickets, and shall have the
23equipment tested by an independent gaming testing lab.

24(4) (A) A person affiliated with an eligible organization who
25conducts the manual draw shall annually register with the
26department.

27(B) The department may require a person affiliated with an
28eligible organization who conducts the manual draw to pay a
29minimum annual registration fee of ten dollars ($10) to cover the
30reasonable costs of the department to administer and enforce this
31section.

32(5) begin insert(A)end insertbegin insertend insertThe department may, by regulation, adjust the annual
33registration fees described in this section as needed to ensure that
34revenues will fully offset, but not exceed, the reasonable costs
35incurred by the department pursuant to this section. The fees shall
36be deposited by the department into thebegin delete General Fund.end deletebegin insert Major
37League Sporting Event Raffle Fund, which is hereby created in
38the State Treasury.end insert

begin insert

39
(B) A loan is hereby authorized from the General Fund to the
40Major League Sporting Event Raffle Fund on or after July 1, 2016,
P43   1in an amount of up to one million five thousand dollars
2($1,005,000) to address department workload related to the initial
3implementation activities relating to this section by the
4department’s Indian and Gaming Law Section. The terms and
5conditions of the loan shall first be approved by the Department
6of Finance pursuant to appropriate fiscal standards. The loan
7shall be subject to all of the following conditions:

end insert
begin insert

8
(i) Of the total amount loaned, no more than three hundred
9thirty-five thousand dollars ($335,000) shall be provided annually
10to the department.

end insert
begin insert

11
(ii) The loan shall be repaid to the General Fund as soon as
12there is sufficient money in the Major League Sporting Event Raffle
13Fund to repay the loan, but no later than December 31, 2018.

end insert
begin insert

14
(iii) Interest on the loan shall be paid from the Major League
15Sporting Event Raffle Fund at the rate accruing to moneys in the
16Pooled Money Investment Account.

end insert

17(6) The department shall receive moneys for the costs incurred
18pursuant to this section subject to an appropriation by the
19Legislature.

20(7) The department shall adopt, on or before June 1, 2016,
21regulations necessary to effectuate this section, including
22emergency regulations, pursuant to the Administrative Procedure
23Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
24Division 3 of Title 2 of the Government Code).

25(8) The department shall maintain an automated database of all
26registrants.

27(9) A local law enforcement agency shall notify the department
28of any arrests or investigation that may result in an administrative
29or criminal action against a registrant.

30(10) The department may investigate all suspected violations
31of this section or any regulation adopted pursuant to this section,
32or any activity that the registrant has engaged in that is not in the
33best interests of the public’s health, safety, or general welfare as
34it pertains to charitable raffles.

35(11) The department may audit the records and other documents
36of a registrant to ensure compliance with this section, and may
37charge a registrant the direct costs associated with an audit
38conducted pursuant to this paragraph.

39(12) (A) Once registered, an eligible organization shall file
40annually thereafter with the department a report that includes all
P44   1of the following information for each of the eligible organization’s
2last three fiscal years:

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

4(ii) The aggregate direct costs incurred by the eligible
5organization from the operation of raffles.

6(iii) The charitable or beneficial purposes for which proceeds
7of the raffles were used.

8(iv) The aggregate distributions of proceeds from the operation
9of raffles made to directly support beneficial or charitable purposes,
10other than beneficial or charitable purposes undertaken by the
11eligible organization, or eligible recipient organizations, under
12subdivision (c) of Section 320.5.

13(v) The aggregate distributions of proceeds from the operation
14of raffles made to raffle winners.

15(vi) The aggregate distributions of proceeds from the operation
16of raffles made to any other organizations, or for any other
17purposes, other than those included in clauses (ii), (iv), and (v).

18(vii) A schedule of distributions of proceeds from the operation
19of raffles, by individual raffle, made to eligible recipient
20organizations under subdivision (c) of Section 320.5 that are not
21affiliated with the eligible organization.

22(viii) A schedule of distributions of proceeds from the operation
23of raffles, by individual raffle, made to eligible recipient
24organizations under subdivision (c) of Section 320.5 that are
25affiliated with the eligible organization.

26(ix) A schedule of distributions of proceeds from the operation
27of raffles, by individual raffle, made to any other organization not
28included under clause (vii) or (viii), or for beneficial or charitable
29purposes undertaken by the eligible organization.

30(x) The aggregate gross receipts from activities other than the
31operation of raffles.

32(xi) The aggregate costs incurred by the eligible organization
33from activities other than the operation of raffles.

34(xii) The aggregate distributions of funds other than proceeds
35from the operation of raffles made to directly support beneficial
36or charitable purposes or eligible recipient organizations under
37subdivision (c) of Section 320.5.

38(xiii) The aggregate distributions of funds other than proceeds
39from the operation of raffles for purposes other than those listed
40in clauses (xi) and (xii).

P45   1(xiv) A schedule of distributions of funds other than proceeds
2from the operation of raffles made to eligible recipient
3organizations under subdivision (c) of Section 320.5 that are not
4affiliated with the eligible organization.

5(xv) A schedule of distributions of funds other than proceeds
6from the operation of raffles made to any other organization not
7included under clause (xiv), or for beneficial or charitable purposes
8undertaken by the eligible organization.

9(B) Failure to submit the annual report to the department as
10required in this paragraph shall be grounds for denial of an annual
11registration.

12(C) The department shall make the reports required by this
13paragraph available to the public via the online search portal of
14the Attorney General’s Registry of Charitable Trusts maintained
15pursuant to Section 12584 of the Government Code.

16(13) The department shall annually furnish to registrants a form
17to collect this information.

18(p) The department may take legal action against a registrant if
19it determines that the registrant has violated this section or a
20regulation adopted pursuant to this section, or that the registrant
21has engaged in any conduct that is not in the best interests of the
22public’s health, safety, or general welfare. An action taken pursuant
23to this subdivision does not prohibit the commencement of an
24administrative or criminal action by the Attorney General, a district
25attorney, city attorney, or county counsel.

26(q) An action and hearing conducted to deny, revoke, or suspend
27a registry, or other administrative action taken against a registrant,
28shall be conducted pursuant to the Administrative Procedure Act
29(Chapters 4.5 (commencing with Section 11400) and 5
30(commencing with Section 11500) of Part 1 of Division 3 of Title
312 of the Government Code). The department may seek civil
32remedies, including imposing fines, for violations of this section,
33and may seek recovery of the costs incurred in investigating or
34prosecuting an action against a registrant or applicant in accordance
35with those procedures specified in Section 125.3 of the Business
36and Professions Code. A proceeding conducted under this
37subdivision is subject to judicial review pursuant to Section 1094.5
38of the Code of Civil Procedure. A violation of this section shall
39not constitute a crime.

P46   1(r) This section shall remain in effect only until December 31,
22018, and as of that date is repealed, unless a later enacted statute,
3that is enacted before December 31, 2018, deletes or extends that
4date.

5begin insert

begin insertSEC. 16.end insert  

end insert

begin insertChapter 2.92 (commencing with Section 1001.85) is
6added to Title 6 of Part 2 of the end insert
begin insertPenal Codeend insertbegin insert, to read:end insert

begin insert

7 

8Chapter  begin insert2.92.end insert Law Enforcement Assisted Diversion
9(LEAD) Pilot Program
10

 

11

begin insert1001.85.end insert  

(a) The Law Enforcement Assisted Diversion (LEAD)
12pilot program is hereby established. The purpose of the LEAD
13program is to improve public safety and reduce recidivism by
14increasing the availability and use of social service resources
15while reducing costs to law enforcement agencies and courts
16stemming from repeated incarceration.

17
(b) LEAD pilot programs shall be consistent with the following
18principles, implemented to address and reflect the priorities of the
19community in which the program exists:

20
(1) Providing intensive case management services and an
21individually tailored intervention plan that acts as a blueprint for
22assisting LEAD participants.

23
(2) Prioritizing temporary and permanent housing that includes
24individualized supportive services, without preconditions of drug
25or alcohol treatment or abstinence from drugs or alcohol.

26
(3) Employing human and social service resources in
27coordination with law enforcement in a manner that improves
28individual outcomes and community safety, and promotes
29community wellness.

30
(4) Participation in LEAD services shall be voluntary throughout
31the duration of the program and shall not require abstinence from
32drug or alcohol use as a condition of continued participation.

33

begin insert1001.86.end insert  

(a) The LEAD program shall be administered by the
34Board of State and Community Corrections.

35
(b) The board shall award grants, on a competitive basis, to up
36to three jurisdictions as authorized by this chapter. The board
37shall establish minimum standards, funding schedules, and
38procedures for awarding grants, which shall take into
39consideration, but not be limited to, all of the following:

P47   1
(1) Information from the applicant demonstrating a clear
2understanding of the program’s purpose and the applicant’s
3willingness and ability to implement the LEAD program as
4described in this chapter.

5
(2) Key local partners who would be committed to, and involved
6in, the development and successful implementation of a LEAD
7program, including, but not limited to, balanced representation
8from law enforcement agencies, prosecutorial agencies, public
9defenders and defense counsel, public health and social services
10agencies, case management service providers, and any other
11entities identified by the applicant as integral to the successful
12implementation of a LEAD program in the jurisdiction.

13
(3) The jurisdiction’s capacity and commitment to coordinate
14social services, law enforcement efforts, and justice system
15decisionmaking processes, and to work to ensure that the
16discretionary decisions made by each participant in the
17administration of the program operates in a manner consistent
18with the purposes of this chapter.

19
(c) Successful grant applicants shall collect and maintain data
20pertaining to the effectiveness of the program as indicated by the
21board in the request for proposals.

22

begin insert1001.87.end insert  

(a) LEAD programs funded pursuant to this chapter
23 shall consist of a strategy of effective intervention for eligible
24participants consistent with the following gateways to services:

25
(1) Prebooking referral. As an alternative to arrest, a law
26enforcement officer may take or refer a person for whom the officer
27has probable cause for arrest for any of the offenses in subdivision
28(b) to a case manager to be screened for immediate crisis services
29and to schedule a complete assessment intake interview.
30Participation in LEAD diversion shall be voluntary, and the person
31may decline to participate in the program at any time. Criminal
32charges based on the conduct for which a person is diverted to
33LEAD shall not be filed, provided that the person finishes the
34complete assessment intake interview within a period set by the
35local jurisdictional partners, but not to exceed 30 days after the
36referral.

37
(2) Social contact referral. A law enforcement officer may refer
38an individual to LEAD whom he or she believes is at high risk of
39arrest in the future for any of the crimes specified in subdivision
40(b), provided that the individual meets the criteria specified in this
P48   1paragraph and expresses interest in voluntarily participating in
2the program. LEAD may accept these referrals if the program has
3capacity after responding to prebooking diversion referrals
4described in paragraph (1). All social contact referrals to LEAD
5shall meet the following criteria:

6
(A) Verification by law enforcement that the individual has had
7prior involvement with low-level drug activity or prostitution.
8Verification shall consist of any of the following:

9
(i) Criminal history records, including, but not limited to, prior
10police reports, arrests, jail bookings, criminal charges, or
11convictions indicating that he or she was engaged in low-level
12drug or prostitution activity.

13
(ii) Law enforcement has directly observed the individual’s
14low-level drug or prostitution activity on prior occasions.

15
(iii) Law enforcement has a reliable basis of information to
16believe that the individual is engaged in low-level drug or
17prostitution activity, including, but not limited to, information
18provided by another first responder, a professional, or a credible
19community member.

20
(B) The individual’s prior involvement with low-level drug or
21prostitution activity occurred within the LEAD pilot program area.

22
(C) The individual’s prior involvement with low-level drug or
23prostitution activity occurred within 24 months of the date of
24referral.

25
(D) The individual does not have a pending case in drug court
26or mental health court.

27
(E) The individual is not prohibited, by means of an existing
28no-contact order, temporary restraining order, or antiharassment
29order, from making contact with a current LEAD participant.

30
(b) The following offenses are eligible for either prebooking
31diversion, social contact referral, or both:

32
(1) Possession for sale or transfer of a controlled substance or
33other prohibited substance where the circumstances indicate that
34the sale or transfer is intended to provide a subsistence living or
35to allow the person to obtain or afford drugs for his or her own
36consumption.

37
(2) Sale or transfer of a controlled substance or other prohibited
38substance where the circumstances indicate that the sale or transfer
39is intended to provide a subsistence living or to allow the person
40to obtain or afford drugs for his or her own consumption.

P49   1
(3) Possession of a controlled substance or other prohibited
2substance.

3
(4) Being under the influence of a controlled substance or other
4prohibited substance.

5
(5) Being under the influence of alcohol and a controlled
6substance or other prohibited substance.

7
(6) Prostitution pursuant to subdivision (b) of Section 647.

8

begin insert1001.88.end insert  

(a) Services provided pursuant to this chapter may
9include, but are not limited to, case management, housing, medical
10care, mental health care, treatment for alcohol or substance use
11disorders, nutritional counseling and treatment, psychological
12counseling, employment, employment training and education, civil
13legal services, and system navigation. Grant funding may be used
14to support any of the following:

15
(1) Project management and community engagement.

16
(2) Temporary services and treatment necessary to stabilize a
17participant’s condition, including necessary housing.

18
(3) Outreach and direct service costs for services described in
19this section.

20
(4) Civil legal services for LEAD participants.

21
(5) Dedicated prosecutorial resources, including for
22coordinating any nondiverted criminal cases of LEAD participants.

23
(6) Dedicated law enforcement resources, including for overtime
24required for participation in operational meetings and training.

25
(7) Training and technical assistance from experts in the
26implementation of LEAD in other jurisdictions.

27
(8) Collecting and maintaining the data necessary for program
28evaluation.

29
(b) (1) The board shall contract with a nonprofit research
30entity, university, or college to evaluate the effectiveness of the
31LEAD program. The evaluation design shall include measures to
32assess the cost-benefit outcomes of LEAD programs compared to
33booking and prosecution, and may include evaluation elements
34such as comparing outcomes for LEAD participants to similarly
35situated offenders who are arrested and booked, the number of
36jail bookings, total number of jail days, the prison incarceration
37rate, subsequent felony and misdemeanor arrests or convictions,
38and costs to the criminal justice and court systems. Savings will
39be compared to costs of LEAD participation. By January 1, 2020,
P50   1a report of the findings shall be submitted to the Governor and
2the Legislature pursuant to Section 9795 of the Government Code.

3
(2) The requirement for submitting a report pursuant to this
4subdivision is inoperative on January 1, 2024, pursuant to Section
510231.5 of the Government Code.

6
(c) The board may contract with experts in the implementation
7of LEAD in other jurisdictions for the purpose of providing
8technical assistance to participating jurisdictions.

9
(d) The sum of fifteen million dollars ($15,000,000) is hereby
10appropriated from the General Fund for the LEAD pilot program
11authorized in this chapter. The board may spend up to five hundred
12fifty thousand dollars ($550,000) of the amount appropriated in
13this subdivision for the contracts authorized in subdivisions (b)
14and (c).

end insert
15begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 2694.5 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
16

begin insert2694.5.end insert  

(a) The Department of Corrections and Rehabilitation,
17under the oversight of the Undersecretary of Health Care Services,
18shall establish a three-year pilot program at one or more
19institutions that will provide a medically assisted substance use
20disorder treatment model for treatment of inmates with a history
21of substance use problems. The program shall offer a continuum
22of evidenced-based care that is designed to meet the needs of the
23persons being served and that is appropriate for a correctional
24setting. In establishing the program, the department shall consider
25all of the following:

26
(1) Access to services during an inmate’s enrollment in the pilot
27program.

28
(2) Access to subacute detoxification and medical detoxification,
29as necessary.

30
(3) Comprehensive pretreatment and posttreatment assessments.

31
(4) Ongoing evaluation of an inmate’s program needs and
32progress at least every 90 days, and appropriate adjustment of
33treatment based on that evaluation.

34
(5) Services provided by professionals for whom substance use
35disorder treatment is within the scope of their practice.

36
(6) Referrals for medically assisted care and prescription of
37medication-assisted treatment.

38
(7) Provision of behavioral health services, including the
39capacity to treat cooccurring mental illness.

P51   1
(8) Access to medication-assisted treatment throughout the
2period of incarceration up to and including immediately prior to
3release.

4
(9) Linkages to community-based treatment upon parole.

5
(b) (1) The department shall report to the fiscal and appropriate
6policy committees of the Legislature on March 1, 2017, and each
7March 1 thereafter during the tenure of the pilot project. The report
8shall include all of the following elements:

9
(A) The planned inmate capacity of the program.

10
(B) The number of persons enrolled in the program.

11
(C) The number of persons who leave the treatment program
12against medical advice and the number of persons who are
13discharged from the program prior to achieving their treatment
14goals.

15
(D) The percentage of participants with negative urine
16toxicology screens for illicit substances during treatment and
17post-treatment while incarcerated.

18
(E) The number of persons who are successfully linked to
19postrelease treatment.

20
(2) (A) The requirement for submitting a report imposed under
21this subdivision is inoperative on March 1, 2025, pursuant to
22Section 10231.5 of the Government Code.

23
(B) A report to be submitted pursuant to this subdivision shall
24be submitted in compliance with Section 9795 of the Government
25Code.

end insert
26begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 2910 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
27Section 13 of Chapter 310 of the Statutes of 2013, is amended to
28read:end insert

29

2910.  

(a) The Secretary of the Department of Corrections and
30Rehabilitation may enter into an agreement with a city, county, or
31city and county to permit transfer of prisoners in the custody of
32the secretary to a jail or other adult correctional facility of the city,
33county, or city and county, if the sheriff or corresponding official
34having jurisdiction over the facility has consented thereto. The
35agreement shall provide for contributions to the city, county, or
36city and county toward payment of costs incurred with reference
37to such transferred prisoners.

38(b) For purposes of this section, a transfer of prisoners under
39subdivision (a) may include inmates who have been sentenced to
40the department but remain housed in a county jail. These prisoners
P52   1shall be under the sole legal custody and jurisdiction of the sheriff
2or corresponding official having jurisdiction over the facility and
3shall not be under the legal custody or jurisdiction of the
4Department of Corrections and Rehabilitation.

5(c) Notwithstanding any other law, for purposes of entering into
6agreements under subdivision (a), any process, regulation,
7requirement, including any state governmental reviews or
8approvals, or third-party approval that is required under, or
9implemented pursuant to, any statute that relates to entering into
10those agreements is hereby waived.

11(d) When an agreement entered into pursuant to subdivision (a)
12or (c) is in effect with respect to a particular local facility, the
13secretary may transfer prisoners whose terms of imprisonment
14have been fixed and parole violators to the facility.

15(e) Prisoners so transferred to a local facility may, with notice
16to the secretary, participate in programs of the facility, including,
17but not limited to, work furlough rehabilitation programs.

18(f) The secretary, to the extent possible, shall select city, county,
19or city and county facilities in areas where medical, food, and other
20support services are available from nearby existing prison facilities.

21(g) The secretary, with the approval of the Department of
22General Services, may enter into an agreement to lease state
23property for a period not in excess of 20 years to be used as the
24site for a facility operated by a city, county, or city and county
25authorized by this section.

26(h) This section shall remain in effect only until January 1,begin delete 2017,end delete
27begin insert 2020,end insert and as of that date is repealed, unless a later enacted statute,
28that is enacted before January 1,begin delete 2017,end deletebegin insert 2020,end insert deletes or extends
29that date.

30begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 2910 of the end insertbegin insertPenal Codeend insertbegin insert, as added by Section
3114 of Chapter 310 of the Statutes of 2013, is amended to read:end insert

32

2910.  

(a) The Secretary of the Department of Corrections and
33Rehabilitation may enter into an agreement with a city, county, or
34city and county to permit transfer of prisoners in the custody of
35the secretary to a jail or other adult correctional facility of the city,
36county, or city and county, if the sheriff or corresponding official
37having jurisdiction over the facility has consented thereto. The
38agreement shall provide for contributions to the city, county, or
39city and county toward payment of costs incurred with reference
40to such transferred prisoners.

P53   1(b) When an agreement entered into pursuant to subdivision (a)
2is in effect with respect to a particular local facility, the secretary
3may transfer prisoners whose terms of imprisonment have been
4fixed and parole violators to the facility.

5(c) Prisoners so transferred to a local facility may, with approval
6of the secretary, participate in programs of the facility, including,
7but not limited to, work furlough rehabilitation programs.

8(d) Prisoners transferred to such facilities are subject to the rules
9and regulations of the facility in which they are confined, but
10remain under the legal custody of the Department of Corrections
11and Rehabilitation and shall be subject at any time, pursuant to the
12rules and regulations of the secretary, to be detained in the county
13jail upon the exercise of a state parole or correctional officer’s
14peace officer powers, as specified in Section 830.5, with the
15consent of the sheriff or corresponding official having jurisdiction
16over the facility.

17(e) The secretary, to the extent possible, shall select city, county,
18or city and county facilities in areas where medical, food, and other
19support services are available from nearby existing prison facilities.

20(f) The secretary, with the approval of the Department of
21General Services, may enter into an agreement to lease state
22property for a period not in excess of 20 years to be used as the
23site for a facility operated by a city, county, or city and county
24authorized by this section.

25(g) An agreement shall not be entered into under this section
26unless the cost per inmate in the facility is no greater than the
27average costs of keeping an inmate in a comparable facility of the
28department, as determined by the secretary.

29(h) This section shall become operative on January 1,begin delete 2017.end delete
30
begin insert 2020.end insert

31begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 2915 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

32

2915.  

(a) The Secretary of the Department of Corrections and
33Rehabilitation may enter into one or more agreements to obtain
34secure housing capacity within the state. These agreements may
35be entered into with private entities and may be in the form of a
36lease or an operating agreement. The secretary may procure and
37enter these agreements on terms and conditions he or she deems
38necessary and appropriate. Notwithstanding any other law, any
39process, regulation, requirement, including any state governmental
40reviews or approvals, or third-party approval that is required under
P54   1statutes that relate to the procurement and implementation of those
2agreements is hereby waived, however, no agreement shall contain
3terms, either directly or indirectly, that involve the repayment of
4any debt issuance or other financing and, consistent with state law,
5shall provide that payment of that agreement is subject to
6appropriation.

7(b) The Secretary of the Department of Corrections and
8Rehabilitation may enter into one or more agreements to obtain
9secure housing capacity in another state. These agreements may
10be entered into with private entities and may be in the form of an
11operating agreement or other contract. The secretary may procure
12and enter these agreements on terms and conditions he or she
13deems necessary and appropriate. Notwithstanding any other law,
14any process, regulation, requirement, including any state
15governmental reviews or approvals, or third-party approval that
16is required under statutes that relate to the procurement and
17implementation of those agreements is hereby waived, however,
18no agreement shall contain terms, either directly or indirectly, that
19involve the repayment of any debt issuance or other financing and,
20consistent with state law, shall provide that payment of that
21agreement is subject to appropriation. This subdivision does not
22authorize the department to operate a facility out of state.

23(c) The provisions of Division 13 (commencing with Section
2421000) of the Public Resources Code do not apply to this section.

25(d) This section shall remain in effect only until January 1,begin delete 2017,end delete
26begin insert 2020,end insert and as of that date is repealed, unless a later enacted statute,
27that is enacted before January 1,begin delete 2017,end deletebegin insert 2020,end insert deletes or extends
28that date.

29begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 5027 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
30

begin insert5027.end insert  

(a) Upon appropriation by the Legislature in the annual
31Budget Act, the Department of Corrections and Rehabilitation
32shall award funding for an innovative grant program to
33not-for-profit organizations to replicate their programs at
34institutions that the Director of the Division of Rehabilitative
35Programs has determined are underserved by volunteer and
36not-for-profit organizations. The director shall develop a formula
37for identifying target institutions based upon factors including,
38but not limited to, number of volunteers, number of inmates,
39number of volunteer-based programs, and the size of waiting lists
40for inmates wanting to participate in programs.

P55   1
(b) Grant funding shall be provided to not-for-profit
2organizations wishing to expand programs that they are currently
3providing in other California state prisons that have demonstrated
4success and focus on offender responsibility and restorative justice
5principles. The grants shall be awarded for a three-year period
6and are designed to be one time in nature. The grants shall go to
7programs that demonstrate that they will become self-sufficient or
8will be funded in the long term by donations or another source of
9ongoing funding. All funding shall go directly to the not-for-profit
10organizations and shall not be used for custody staff or
11administration of the grant. Any unspent funds shall revert to the
12fund source authorized for this purpose at the end of three years.

13
(c) On or before January 1 of each year, the department shall
14report to the budget committees and public safety committees in
15both houses of the Legislature on the following information from
16the previous fiscal year’s grants:

17
(1) The number of grants provided.

18
(2) The institutions receiving grants.

19
(3) A description of each program and level of funding provided,
20organized by institution.

21
(4) The start date of each program.

22
(5) Any feedback from inmates participating in the programs
23on the value of the programs.

24
(6) Any feedback from the program providers on their
25experience with each institution.

26
(7) The number of participants participating in each program.

27
(8) The number of participants completing each program.

28
(9) Waiting lists, if any, for each program.

end insert
29begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 5032 of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
30

5032.  

The department, as directed by the Department of
31Finance, shall work with the appropriate budget and policy
32committees of the Legislature and the Legislative Analyst’s Office
33to establish appropriate oversight, evaluation, and accountability
34measures that shall be adopted as part of their “future of corrections
35plan.” This shall include a periodic review, conducted by the
36Department of Finance’s Office of State Audits and Evaluations,
37that assesses the fiscal benchmarks of the plan. The Office of State
38Audits and Evaluations shall report to the Governor and the
39Legislature on its findings and recommendations annually with
40the first report submitted by April 1, 2013. Reports to the
P56   1Legislature shall be submitted in compliance with Section 9795
2of the Government Code.

end delete
3begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 5075 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

4

5075.  

(a)  Commencing July 1, 2005, there is hereby created
5the Board of Parole Hearings. As of July 1, 2005, any reference
6to the Board of Prison Terms in this or any other code refers to the
7Board of Parole Hearings. As of that date, the Board of Prison
8Terms is abolished.

9(b) The Governor shall appointbegin delete 17end deletebegin insert 14end insert commissioners, subject
10to Senate confirmation, pursuant to this section.begin delete Of those 17
11commissioners, 12end delete
begin insert These commissionersend insert shall be appointed and
12trained to hear only adultbegin delete matters, and five shall be appointed and
13trained to hear only juvenileend delete
matters. The terms of the
14commissioners shall expire as follows: eight on July 1, 2007, and
15nine on July 1, 2008. Successor commissioners shall hold office
16for terms of three years, each term to commence on the expiration
17date of the predecessor. Any appointment to a vacancy that occurs
18for any reason other than expiration of the term shall be for the
19remainder of the unexpired term. Commissioners are eligible for
20reappointment. The selection of persons and their appointment by
21the Governor and confirmation by the Senate shall reflect as nearly
22as possible a cross section of the racial, sexual, economic, and
23geographic features of the population of the state.

24(c) The chair of the board shall be designated by the Governor
25 periodically. The Governor may appoint an executive officer of
26the board, subject to Senate confirmation, who shall hold office
27at the pleasure of the Governor. The executive officer shall be the
28administrative head of the board and shall exercise all duties and
29functions necessary to insure that the responsibilities of the board
30are successfully discharged. The secretary shall be the appointing
31authority for all civil service positions of employment with the
32board.

33(d) Each commissioner shall participate in hearings on each
34workday, except when it is necessary for a commissioner to attend
35training, en banc hearings or full board meetings, or other
36administrative business requiring the participation of the
37commissioner. For purposes of this subdivision, these hearings
38shall include parole consideration hearings, parole rescission
39hearings, and parole progress hearings.

40begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 5075.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P57   1

5075.1.  

The Board of Parole Hearings shall do all of the
2following:

3(a) Conduct parole consideration hearings, parole rescission
4hearings, and parole progress hearings for adultsbegin delete and juvenilesend delete
5 under the jurisdiction of the department.

6(b) Conduct mentally disordered offender hearings.

7(c) Conduct sexually violent predator hearings.

8(d) Review inmates’ requests for reconsideration of denial of
9good-time credit and setting of parole length or conditions, pursuant
10to Section 5077.

11(e) Determine revocation of parole for adult offenders under
12the jurisdiction of the Division of Adult Parole Operations, pursuant
13to Section 5077.

begin delete

14(f) Carry out the functions described in Section 1719 of the
15Welfare and Institutions Code, and make every order granting and
16revoking parole and issuing final discharges to any person under
17the jurisdiction of the Department of Corrections and
18Rehabilitation.

end delete
begin delete

19(g)

end delete

20begin insert(f)end insert Conduct studies pursuant to Section 3150 of the Welfare and
21Institutions Code.

begin delete

22(h)

end delete

23begin insert(g)end insert Investigate and report on all applications for reprieves,
24pardons, and commutation of sentence, as provided in Title 6
25(commencing with Section 4800) of Part 3.

begin delete

26(i)

end delete

27begin insert(h)end insert Exercise other powers and duties as prescribed by law.

begin delete

28(j)

end delete

29begin insert(i)end insert Effective January 1, 2007, all commissioners appointed and
30trained to hear juvenile parole matters, together with their duties
31prescribed by law as functions of the Board of Parole Hearings
32concerning wards under the jurisdiction of the Department of
33Corrections and Rehabilitation, are transferred to the Director of
34the Division of Juvenile Justice. All applicable regulations in effect
35at the time of transfer shall be deemed to apply to those
36commissioners until new regulations are adopted.

37begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 5075.6 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

begin delete
38

5075.6.  

(a) (1) Commissioners and deputy commissioners
39hearing matters pursuant to subdivision (f) of Section 5075.1, or
40any other matter involving wards under the jurisdiction of the
P58   1Division of Juvenile Facilities, shall have a broad background in,
2and ability for, appraisal of youthful law offenders and delinquents,
3the circumstances of delinquency for which those persons are
4committed, and the evaluation of an individual’s progress toward
5reformation. Insofar as practicable, commissioners and deputy
6commissioners selected to hear these matters also shall have a
7varied and sympathetic interest in youth correction work and shall
8have experience or education in the fields of corrections, sociology,
9law, law enforcement, mental health, medicine, drug treatment, or
10education.

11(2) Within 60 days of appointment and annually thereafter,
12commissioners and deputy commissioners described in subdivision
13(a) shall undergo a minimum of 40 hours of training in the
14following areas:

15(A) Treatment and training programs provided to wards at
16Department of Corrections and Rehabilitation institutions,
17including, but not limited to, educational, vocational, mental health,
18medical, substance abuse, psychotherapeutic counseling, and sex
19offender treatment programs.

20(B) Current national research on effective interventions with
21juvenile offenders and how they compare to department program
22and treatment services.

23(C) Parole Services.

24(D) Commissioner duties and responsibilities.

25(E) Knowledge of laws and regulations applicable to conducting
26parole hearings, including the rights of victims, witnesses, and
27wards.

28(F) Factors influencing ward lengths of stay and ward recidivism
29rates and their relationship to one another.

30(b) (1) 

end delete
31begin insert

begin insert5075.6.end insert  

end insert

begin insert(a)end insertbegin insertend insertCommissioners and deputy commissioners hearing
32matters concerning adults under the jurisdiction of the Department
33of Corrections and Rehabilitation shall have a broad background
34in criminal justice and an ability for appraisal of adult offenders,
35the crimes for which those persons are committed, and the
36evaluation of an individual’s progress toward reformation. Insofar
37as practicable, commissioners and deputy commissioners shall
38have a varied interest in adult correction work, public safety, and
39shall have experience or education in the fields of corrections,
P59   1 sociology, law, law enforcement, medicine, mental health, or
2education.

begin delete

3(2)

end delete

4begin insert(b)end insert All commissioners and deputy commissioners who conduct
5hearings for the purpose of considering the parole suitability of
6inmates, the setting of a parole release date for inmates, or the
7revocation of parole for adult parolees, shall, within 60 days of
8appointment and annually thereafter undergo a minimum of 40
9hours of training in the following areas:

begin delete

10(A)

end delete

11begin insert(1)end insert Treatment and training programs provided to inmates at
12Department of Corrections and Rehabilitation institutions,
13including, but not limited to, educational, vocational, mental health,
14medical, substance abuse, psychotherapeutic counseling, and sex
15offender treatment programs.

begin delete

16(B)

end delete

17begin insert(2)end insert Parole services.

begin delete

18(C)

end delete

19begin insert(3)end insert Commissioner duties and responsibilities.

begin delete

20(D)

end delete

21begin insert(4)end insert Knowledge of laws and regulations applicable to conducting
22parole hearings, including the rights of victims, witnesses, and
23inmates.

24begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 5076.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

25

5076.1.  

(a) The board shall meet at each of the state prisons
26and facilities under the jurisdiction ofbegin delete the Division of Juvenile
27Facilities.end delete
begin insert the Division of Adult Institutions.end insert Meetings shall be held
28at whatever times may be necessary for a full and complete study
29of the cases of all inmatesbegin delete and wardsend delete whose matters are considered.
30Other times and places of meeting may also be designated by the
31board. Each commissioner of the board shall receive his or her
32actual necessary traveling expenses incurred in the performance
33of his or her official duties. Where the board performs its functions
34by meeting en banc in either public or executive sessions to decide
35matters of general policy, at least seven members shall be present,
36and no action shall be valid unless it is concurred in by a majority
37vote of those present.

38(b) The board may use deputy commissioners to whom it may
39assign appropriate duties, including hearing cases and making
40decisions. Those decisions shall be made in accordance with
P60   1policies approved by a majority of the total membership of the
2board.

3(c) The board may meet and transact business in panels. Each
4panel shall consist of two or more persons, subject to subdivision
5(d) of Section 3041. No action shall be valid unless concurred in
6by a majority vote of the persons present. In the event of a tie vote,
7the matter shall be referred to a randomly selected committee,
8comprised of a majority of the commissioners specifically
9 appointed to hear adult parole matters and who are holding office
10at the time.

begin delete

11(d) When determining whether commissioners or deputy
12commissioners shall hear matters pursuant to subdivision (f) of
13Section 5075.1, or any other matter submitted to the board
14involving wards under the jurisdiction of the Division of Juvenile
15Facilities, the chair shall take into account the degree of complexity
16of the issues presented by the case. Any decision resulting in the
17extension of a parole consideration date shall entitle a ward to
18appeal the decision to a panel comprised of two or more
19commissioners, of which no more than one may be a deputy
20commissioner. The panel shall consider and act upon the appeal
21in accordance with rules established by the board.

end delete
begin delete

22(e)

end delete

23begin insert(d)end insert Consideration of parole release for persons sentenced to life
24imprisonment pursuant to subdivision (b) of Section 1168 shall
25be heard by a panel of two or more commissioners or deputy
26commissioners, of which only one may be a deputy commissioner.
27A recommendation for recall of a sentence under subdivisions (d)
28and (e) of Section 1170 shall be made by a panel, a majority of
29whose commissioners are commissioners of the Board of Parole
30Hearings.

31begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 6025.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

32

6025.1.  

(a) Members of the board, with the exception of the
33Chair of the Board of State and Community Corrections, shall
34receive no compensation, but shall be reimbursed for their actual
35and necessary travel expenses incurred in the performance of their
36duties. For purposes of compensation, attendance at meetings of
37the board shall be deemed performance by a member of the duties
38of his or her state or local governmental employment.begin delete For purposes
39of Section 1090 of the Government Code, members of a committee
40created by the board, including a member of the board in his or
P61   1her capacity as a member of a committee created by the board,
2have no financial interest in any contract made by the board,
3including a grant or bond financing transaction, based upon the
4receipt of compensation for holding public office or public
5employment.end delete

begin insert

6
(b) For the purposes of Section 1090 of the Government Code,
7members of a committee created by the board pursuant to Section
86046.3 or a committee created with the primary purpose of
9administering grant funding from the Edward Byrne Memorial
10Justice Assistance Grant Program (42 U.S.C. Sec. 3751(a)),
11including a member of the board in his or her capacity as a
12member of a committee created by the board, have no financial
13interest in any contract made by the board, including a grant or
14bond financing transaction, based upon the receipt of compensation
15for holding public office or public employment.

end insert
begin delete

16(b)

end delete

17begin insert(c)end insert The Chair of the Board of State and Community Corrections
18shall serve full time. The Department of Human Resources shall
19fix the compensation of the Chair of the Board of State and
20Community Corrections.

begin insert

21
(d) The amendments to this section by the act that added this
22subdivision are effective for grant awards made by the board on
23or after July 1, 2016.

end insert
24begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 6250.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

25

6250.2.  

(a) The Secretary of the Department of Corrections
26and Rehabilitation may enter into agreements for the transfer of
27prisoners to, or placement of prisoners in, community correctional
28centers. The secretary may enter into contracts to provide housing,
29sustenance, and supervision for inmates placed in community
30correctional centers.

31(b) Notwithstanding any other law, for the purposes of entering
32into agreements under subdivision (a), any process, regulation,
33requirement, including any state government reviews or approvals,
34or third-party approval that is required under, or implemented
35pursuant to, any statute that relates to entering into those
36agreements is hereby waived.

37(c) This section shall remain in effect only until January 1,begin delete 2017,end delete
38begin insert 2020,end insert and as of that date is repealed, unless a later enacted statute,
39that is enacted before January 1,begin delete 2017,end deletebegin insert 2020,end insert deletes or extends
40that date.

P62   1begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 6258.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

2

6258.1.  

begin deleteNo end deletebegin insertAn end insertinmate shallbegin insert notend insert be transferred to a community
3correctional reentry facility unless all of the following conditions
4are met:

5(a) The inmate applies for a transfer to a community correctional
6reentry facility.

7(b) The inmate is not currently serving a sentence for conviction
8of any offense described in subdivision (c) of Section 667.5.

9(c) The inmate has less thanbegin delete 120 daysend deletebegin insert one yearend insert left to serve in
10a correctional facility.

11(d) The inmate has not been convicted previously of an escape
12pursuant to Section 4532 of the Penal Code.

13(e) The department determines that the inmate would benefit
14from the transfer.

15begin insert

begin insertSEC. 30.end insert  

end insert

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

16

6402.  

The Department of Corrections and Rehabilitation
17(CDCR) shall develop policies related to the department’s
18contraband interdiction efforts for individuals entering CDCR
19detention facilities. When developed, these policies shall include,
20but not be limited to, the following specifications:

21(a) Application to all individuals, including visitors, all
22department staff, including executive staff, volunteers, and contract
23employees.

24(b) Use of methods to ensure that profiling is not practiced
25during random searches or searches of all individuals entering the
26prison at that time.

27(c) Establishment of unpredictable, random search efforts and
28methods that ensures that no one, except department employees
29specifically designated to conduct the random search, shall have
30advance notice of when a random search is scheduled.

31(d) All visitors attempting to enter a CDCR detention facility
32shall be informed that they may refuse to be searched by a passive
33alert dog.

34(e) All visitors attempting to enter a CDCR detention facility
35who refuse to be searched by a passive alert dog shall be informed
36of options, including, but not limited to, the availability of a
37noncontact visit.

38(f) All individuals attempting to enter a CDCR detention facility,
39who have a positive alert for contraband by an electronic drug
P63   1detection device, a passive alert dog, or other technology, shall be
2informed of further potential search or visitation options.

3(g) Establishment of a method by which an individual may
4demonstrate an authorized health-related use of a controlled
5substance when a positive alert is noted by an electronic drug
6detection device, a passive alert dog, or other technology.

7(h) Establishment of specific requirements for additional search
8options when multiple positive alerts occur on an individual
9employee within a specified timeframe.

10(i) In determining which additional search options to offer
11visitors and staff, CDCR shall consider the use of full-body
12scanners.

13(j) CDCRbegin delete shall, within two years of implementation of the policy
14described in this section,end delete
begin insert shallend insert conduct an evaluation ofbegin delete the policy.end delete
15begin insert a policy described in this section and provide an interim report to
16the Legislature by June 30, 2016, and a final report to the
17Legislature on April 30, 2017.end insert
This evaluation shall include, but
18not be limited to, the impact of the policy on:

19(1) The amount of contraband, including drugs and cellular
20phones, found in the prisons where the policy was implemented.

21(2) The number of staff assaults that occurred in the prisons
22where the policy was implemented.

23(3) The number of serious rules violation reports issued in
24prisons where the policy was implemented, including any reduction
25in offender violence.

begin insert

26
(4) The rates of drug use by inmates in the prisons where the
27policy was implemented.

end insert
begin insert

28
(k) (1) The requirement for submitting a report imposed under
29subdivision (j) is inoperative on June 30, 2020, pursuant to Section
3010231.5 of the Government Code.

end insert
begin insert

31
(2) The reports to be submitted pursuant to subdivision (j) shall
32be submitted in compliance with Section 9795 of the Government
33Code.

end insert
34begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 6404 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
35

begin insert6404.end insert  

Inmates shall not be prohibited from family visits based
36solely on the fact that the inmate was sentenced to life without the
37possibility of parole or was sentenced to life and is without a parole
38date established by the Board of Parole Hearings.

end insert
P64   1begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 11191 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
2Section 17 of Chapter 310 of the Statutes of 2013, is amended to
3read:end insert

4

11191.  

(a) Any court or other agency or officer of this state
5having power to commit or transfer an inmate, as defined in Article
6II (d) of the Interstate Corrections Compact or of the Western
7Interstate Corrections Compact, to any institution for confinement
8may commit or transfer that inmate to any institution within or
9without this state if this state has entered into a contract or contracts
10for the confinement of inmates in that institution pursuant to Article
11III of the Interstate Corrections Compact or of the Western
12Interstate Corrections Compact.

13(b) An inmate sentenced under California law shall not be
14committed or transferred to an institution outside of this state,
15unless he or she has executed a written consent to the transfer. The
16 inmate shall have the right to a private consultation with an attorney
17of his choice, or with a public defender if the inmate cannot afford
18counsel, concerning his rights and obligations under this section,
19and shall be informed of those rights prior to executing the written
20consent. At any time more than five years after the transfer, the
21inmate shall be entitled to revoke his consent and to transfer to an
22institution in this state. In such cases, the transfer shall occur within
23the next 30 days.

24(c) Notwithstanding the requirements in this section or Section
2511194, the secretary may transfer an inmate to a facility in another
26state without the consent of the inmate.

27(d) Inmates who volunteer by submitting a request to transfer
28and are otherwise eligible shall receive first priority under this
29section.

30(e) This section shall remain in effect only until January 1,begin delete 2017,end delete
31begin insert 2020,end insert and as of that date is repealed, unless a later enacted statute,
32that is enacted before January 1,begin delete 2017,end deletebegin insert 2020,end insert deletes or extends
33that date.

34begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 11191 of the end insertbegin insertPenal Codeend insertbegin insert, as added by Section
3518 of Chapter 310 of the Statutes of 2013, is amended to read:end insert

36

11191.  

(a) Any court or other agency or officer of this state
37having power to commit or transfer an inmate, as defined in Article
38II(d) of the Interstate Corrections Compact or of the Western
39Interstate Corrections Compact, to any institution for confinement
40may commit or transfer that inmate to any institution within or
P65   1outside of this state if this state has entered into a contract or
2contracts for the confinement of inmates in that institution pursuant
3to Article III of the Interstate Corrections Compact or of the
4Western Interstate Corrections Compact.

5(b) No inmate sentenced under California law may be committed
6or transferred to an institution outside of this state, unless he or
7she has executed a written consent to the transfer. The inmate shall
8have the right to a private consultation with an attorney of his
9choice, or with a public defender if the inmate cannot afford
10counsel, concerning his rights and obligations under this section,
11and shall be informed of those rights prior to executing the written
12consent. At any time more than five years after the transfer, the
13inmate shall be entitled to revoke his consent and to transfer to an
14institution in this state. In such cases, the transfer shall occur within
15the next 30 days.

16(c) This section shall become operative on January 1,begin delete 2017.end delete
17
begin insert 2020.end insert

18begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 13501 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

19

13501.  

Thebegin insert Governor shall designate the chair of the
20commission from among the members of the commission. The
21person designated as the chair shall serve at the pleasure of the
22Governor. Theend insert
commission shallbegin insert annuallyend insert select abegin delete chairman and
23a vice chairmanend delete
begin insert vice chairend insert from among its members. A majority
24of the members of the commission shall constitute a quorum.

25begin 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

26

13601.  

(a) begin insert(1)end insertbegin insertend insertThe CPOST shall develop, approve, and
27monitor standards for the selection and training of state correctional
28peace officer apprentices. begin deleteAnyend delete

29begin insert(2)end insertbegin insertend insertbegin insertAnyend insert standard for selection established under this subdivision
30shall be subject to approval by the Department of Human
31Resources. Using the psychological and screening standards
32approved by the Department of Human Resources, the Department
33of Human Resources or the Department of Corrections and
34Rehabilitation shall ensure that, prior to training, each applicant
35who has otherwise qualified in all physical and other testing
36requirements to be a peace officer the Department of Corrections
37and Rehabilitation, is determined to be free from emotional or
38mental conditions that might adversely affect the exercise of his
39or her duties and powers as a peace officer pursuant to the standards
40developed by CPOST.

begin insert

P66   1
(3) When developing, approving, and monitoring the standards
2for training of state correctional peace officer apprentices, the
3CPOST shall consider including additional training in the areas
4of mental health and rehabilitation, as well as coursework on the
5theory and history of corrections.

end insert

6(b) The CPOST may approve standards for a course in the
7carrying and use of firearms for correctional peace officers that is
8different from that prescribed pursuant to Section 832. The
9standards shall take into consideration the different circumstances
10presented within the institutional setting from that presented to
11other law enforcement agencies outside the correctional setting.

12(c) Notwithstanding Section 3078 of the Labor Code, the length
13of the probationary period for correctional peace officer apprentices
14shall be determined by the CPOST subject to approval by the State
15Personnel Board, pursuant to Section 19170 of the Government
16Code.

17(d) The CPOST shall develop, approve, and monitor standards
18for advanced rank-and-file and supervisory state correctional peace
19officer and training programs for the Department of Corrections
20and Rehabilitation. When a correctional peace officer is promoted
21within the department, he or she shall be provided with and be
22required to complete these secondary training experiences.

23(e) The CPOST shall develop, approve, and monitor standards
24for the training of state correctional peace officers in the department
25in the handling of stress associated with their duties.

26(f) Toward the accomplishment of the objectives of this section,
27the CPOST may confer with, and may avail itself of the assistance
28and recommendations of, other state and local agencies, boards,
29or commissions.

30(g) Notwithstanding the authority of the CPOST, the department
31shall design and deliver training programs, shall conduct validation
32studies, and shall provide program support. The CPOST shall
33monitor program compliance by the department.

34(h) The CPOST may disapprove any training courses created
35by the department pursuant to the standards developed by CPOST
36if it determines that the courses do not meet the prescribed
37standards. Training may continue with existing curriculum pending
38resolution.

39(i) The CPOST shall annually submit an estimate of costs to
40conduct those inquiries and audits as may be necessary to determine
P67   1whether the department and each of its institutions and parole
2regions are adhering to the standards developed by the CPOST,
3and shall conduct those inquiries and audits consistent with the
4annual Budget Act.

5(j) The CPOST shall establish and implement procedures for
6reviewing and issuing decisions concerning complaints or
7recommendations from interested parties regarding the CPOST
8rules, regulations, standards, or decisions.

begin delete

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

end delete
10begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 23690 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

11

23690.  

(a) (1) The Department of Justice may require each
12dealer to charge each firearm purchaser or transferee a fee not to
13exceed one dollar ($1) for each firearmbegin delete transaction.end deletebegin insert transaction,
14except that the Department of Justice may increase the fee at a
15rate not to exceed any increase in the California Consumer Price
16Index, as compiled and reported by the Department of Industrial
17Relations, and not to exceed the reasonable cost of regulation to
18the Department of Justice.end insert

19(2) The fee shall be for the purpose of supporting department
20program costs related to this act, including the establishment,
21maintenance, and upgrading of related database systems and public
22rosters.

23(b) (1) There is hereby created within the General Fund the
24Firearm Safety Account.

25(2) Revenue from the fee imposed by subdivision (a) shall be
26deposited into the Firearm Safety Account and shall be available
27for expenditure by the Department of Justice upon appropriation
28by the Legislature.

29(3) Expenditures from the Firearm Safety Account shall be
30limited to program expenditures as defined by subdivision (a).

31begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 28300 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

32

28300.  

(a) The Firearms Safety and Enforcement Special Fund
33is hereby established in the State Treasury and shall be
34administered by the Department of Justice.

begin delete

35(b) Notwithstanding Section 13340 of the Government Code,
36all moneys in the fund are continuously appropriated to the
37Department of Justice, without regard to fiscal years, for the
38purpose of implementing and enforcing the provisions of Article
392 (commencing with Section 31610) of Chapter 4 of Division 10,
40enforcing Section 830.95, Title 2 (commencing with Section
P68   112001) of Part 4, Sections 16000 to 16960, inclusive, Sections
216970 to 17230, inclusive, Sections 17240 to 21390, inclusive,
3and Sections 21590 to 34370, inclusive, and for the establishment,
4maintenance, and upgrading of equipment and services necessary
5for firearms dealers to comply with Article 2 (commencing with
6Section 28150).

7(c)

end delete

8begin insert(b)end insert The Department of Justice may require firearms dealers to
9charge each person who obtains a firearm a fee not to exceed five
10dollars ($5) for eachbegin delete transaction.end deletebegin insert transaction, except that the fee
11may be increased at a rate not to exceed any increase in the
12California Consumer Price Index as compiled and reported by the
13Department of Industrial Relations, and not to exceed the
14reasonable cost of regulation to the department.end insert
Revenues from
15this fee shall be deposited in the Firearms Safety and Enforcement
16Special Fund.

begin insert

17
(c) Revenue deposited into the Firearms Safety and Enforcement
18Special Fund shall be available for expenditure by the Department
19of Justice upon appropriation by the Legislature for the purpose
20of implementing and enforcing the provisions of Article 2
21(commencing with Section 31610) of Chapter 4 of Division 10,
22enforcing Section 830.95, Title 2 (commencing with Section 12001)
23of Part 4, Sections 16000 to 16960, inclusive, Sections 16970 to
2417230, inclusive, Sections 17240 to 21390, inclusive, and Sections
2521590 to 34370, inclusive, and for the establishment, maintenance,
26and upgrading of equipment and services necessary for firearms
27dealers to comply with Article 2 (commencing with Section 28150).

end insert
28begin insert

begin insertSEC. 38.end insert  

end insert

begin insertThe heading of Article 2.5 (commencing with Section
291716) of Chapter 1 of Division 2.5 of the end insert
begin insertWelfare and Institutions
30Code
end insert
begin insert is amended to read:end insert

31 

32Article 2.5.  begin deleteYouthful Offender Parole Board end deletebegin insertBoard of Juvenile
33Hearingsend insert
34

 

35begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 1716 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
36amended to read:end insert

37

1716.  

Commencing July 1,begin delete 2005,end deletebegin insert 2016,end insert any reference to the
38Youth Authority Board refers to the Board ofbegin delete Paroleend deletebegin insert Juvenileend insert
39 Hearings.begin delete As of that date, the Youth Authority Board is abolished.end delete

P69   1begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 1718 is added to the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert1718.end insert  

(a) The Governor shall appoint three commissioners,
4subject to Senate confirmation, to the Board of Juvenile Hearings.
5These commissioners shall be appointed and trained to hear only
6juvenile matters. The term of appointment for each commissioner
7shall be five years, and each term shall commence on the expiration
8of the predecessor. Each commissioner currently serving on the
9Board of Parole Hearings to hear only juvenile matters shall
10continue to serve as a commissioner of the Board of Juvenile
11Hearings until his or her current term expires. The Governor shall
12stagger the remaining vacancies as follows: one commissioner
13term to expire on July 1, 2018, and one commissioner term to
14expire on July 1, 2019. Any appointment to a vacancy that occurs
15for any reason other than expiration of the term shall be for the
16remainder of the unexpired term. Commissioners are eligible for
17reappointment. The selection of persons and their appointment by
18the Governor and confirmation by the Senate shall reflect as nearly
19as possible a cross section of the racial, sexual, economic, and
20geographic features of the population of the state.

21
(b) The chair of the Board of Juvenile Hearings shall be
22designated by the Governor periodically. The Governor may
23appoint an executive officer of the board, subject to Senate
24confirmation, who shall hold office at the pleasure of the Governor.
25The executive officer shall be the administrative head of the board
26and shall exercise all duties and functions necessary to ensure that
27the responsibilities of the board are successfully discharged. The
28director of the Division of Juvenile Facilities shall be the hiring
29authority for all civil service positions of employment with the
30board.

31
(c) Each commissioner shall participate in hearings, including
32discharge consideration hearings, initial case reviews, and annual
33reviews.

end insert
34begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 1719 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
35amended to read:end insert

36

1719.  

(a) The following powers and duties shall be exercised
37and performed by thebegin delete Juvenile Parole Board:end deletebegin insert Board of Juvenile
38Hearings:end insert
discharges of commitment, orders for discharge from
39the jurisdiction of the Division of Juvenile Facilities to the
P70   1jurisdiction of the committing court,begin delete and disciplinary appeals.end delete
2
begin insert initial case reviews, and annual reviews.end insert

3(b) Any ward may appeal a decision by thebegin delete Juvenile Paroleend delete
4 Boardbegin insert of Juvenile Hearingsend insert to deny discharge to a panel comprised
5of at least two commissioners.

6(c) The following powers and duties shall be exercised and
7performed by the Division of Juvenile Facilities: return of persons
8to the court of commitment for redisposition by the court or a
9reentry disposition, determination of offense category, setting of
10discharge consideration dates,begin delete conducting annual reviews,end delete
11begin insert developing and updating individualizedend insert treatmentbegin delete program orders,end delete
12begin insert plans,end insert institution placements, furlough placements, return of
13nonresident persons to the jurisdiction of the state of legal
14residence, disciplinary decisionmaking, and referrals pursuant to
15Section 1800.

16(d) The department shall promulgate policies and regulations
17implementing a departmentwide system of graduated sanctions
18for addressing ward disciplinary matters. The disciplinary
19decisionmaking system shall be employed as the disciplinary
20system in facilities under the jurisdiction of the Division of Juvenile
21Facilities, and shall provide a framework for handling disciplinary
22matters in a manner that is consistent, timely, proportionate, and
23ensures the due process rights of wards. The department shall
24develop and implement a system of graduated sanctions that
25distinguishes between minor, intermediate, and serious misconduct.
26The department may not extend a ward’s discharge consideration
27date. The department also may promulgate regulations to establish
28a process for granting wards who have successfully responded to
29disciplinary sanctions a reduction of any time acquired for
30disciplinary matters.

begin delete

31(e) This section shall become operative on January 1, 2013.

end delete
32begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 1720 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
33amended to read:end insert

34

1720.  

(a) The case of each ward shall be reviewed by the
35begin delete departmentend deletebegin insert Board of Juvenile Hearingsend insert within 45 days of arrival
36at the department, and at other times as is necessary to meet the
37powers or duties of the board.

38(b) Thebegin delete Division of Juvenile Facilitiesend deletebegin insert Board of Juvenile
39Hearingsend insert
shall periodically review the case of eachbegin delete ward for the
40purpose of determining whether existing orders and dispositions
P71   1in individual cases should be modified or continued in force.end delete
begin insert ward.end insert
2 These reviews shall be made as frequently as thebegin delete departmentend deletebegin insert Board
3of Juvenile Hearingsend insert
considers desirable and shall be made with
4respect to each ward at intervals not exceeding one year.

5(c) The ward shall be entitled to notice if his or her annual
6review is delayed beyond one year after the previous annual review
7hearing. The ward shall be informed of the reason for the delay
8and of the date the review hearing is to be held.

9(d) Failure of thebegin delete divisionend deletebegin insert boardend insert to review the case of a ward
10within 15 months of a previous review shall not of itself entitle
11the ward to discharge from the control of the division but shall
12entitle him or her to petition the superior court of the county from
13which he or she was committed for an order of discharge, and the
14court shall discharge him or her unless the court is satisfied as to
15the need for further control.

16(e) Reviews conducted by thebegin delete divisionend deletebegin insert boardend insert pursuant to this
17section shall be written and shall include, but not be limited to, the
18following: verification of the treatment or program goals and orders
19for the ward to ensure the ward is receiving treatment and
20programming that is narrowly tailored to address the correctional
21treatment needs of the ward and is being provided in a timely
22manner that is designed to meet thebegin delete paroleend deletebegin insert dischargeend insert consideration
23date set for the ward; an assessment of the ward’s adjustment and
24responsiveness to treatment, programming, and custody; a review
25of the ward’s disciplinary history and response to disciplinary
26sanctions;begin delete an updated individualized treatment plan for the ward
27that makes adjustments based on the review required by this
28subdivision; an estimated timeframe for the ward’s commencement
29and completion of the treatment programs or services;end delete
and a review
30of any additional information relevant to the ward’s progress.

31(f) The division shall provide copies of the reviews prepared
32 pursuant to this section to the court and the probation department
33of the committing county.

34begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 1721 is added to the end insertbegin insertWelfare and Institutions
35Code
end insert
begin insert, to read:end insert

begin insert
36

begin insert1721.end insert  

(a) The Board of Juvenile Hearings shall meet at each
37of the facilities under the jurisdiction of the Division of Juvenile
38Facilities. Meetings shall be held at whatever times may be
39necessary for a full and complete study of the cases of all wards
40whose matters are considered. Other times and places of meeting
P72   1may also be designated by the board, including, but not limited
2to, prisons or state facilities housing wards under the jurisdiction
3of the Division of Juvenile Facilities. Each commissioner of the
4board shall receive his or her actual necessary traveling expenses
5incurred in the performance of his or her official duties. If the
6board performs its functions by meeting en banc in either public
7or executive sessions to decide matters of general policy, no action
8shall be valid unless it is concurred in by a majority vote of those
9present.

10
(b) The Board of Juvenile Hearings may utilize board
11representatives to whom it may assign appropriate duties, including
12hearing cases and making decisions. Those decisions shall be
13made in accordance with policies approved by a majority of the
14total membership of the board. When determining whether
15commissioners or board representatives shall hear matters
16pursuant to subdivision (a) of Section 1719, or any other matter
17submitted to the board involving wards under the jurisdiction of
18the Division of Juvenile Facilities, the chair shall take into account
19the degree of complexity of the issues presented by the case.

20
(c) The board shall exercise the powers and duties specified in
21subdivision (a) of Section 1719 in accordance with rules and
22regulations adopted by the board. The board may conduct
23discharge hearings in panels. Each panel shall consist of two or
24more persons, at least one of whom shall be a commissioner. No
25panel action shall be valid unless concurred in by a majority vote
26of the persons present; in the event of a tie vote, the matter shall
27be referred to and heard by the board en banc.

end insert
28begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 1722 is added to the end insertbegin insertWelfare and Institutions
29Code
end insert
begin insert, to read:end insert

begin insert
30

begin insert1722.end insert  

(a) Any rules and regulations, including any resolutions
31and policy statements, promulgated by the Board of Juvenile
32Hearings shall be promulgated and filed pursuant to Chapter 3.5
33(commencing with Section 11340) of Part 1 of Division 3 of Title
342 of the Government Code, and shall, to the extent practical, be
35stated in language that is easily understood by the general public.

36
(b) The Board of Juvenile Hearings shall maintain, publish,
37and make available to the general public a compendium of its rules
38and regulations, including any resolutions and policy statements,
39promulgated pursuant to this section.

P73   1
(c) Notwithstanding subdivisions (a) and (b), the chairperson
2may specify an effective date that is any time more than 30 days
3after the rule or regulation is filed with the Secretary of State.
4However, no less than 20 days prior to that effective date, copies
5of the rule or regulation shall be posted in conspicuous places
6throughout each institution and shall be mailed to all persons or
7organizations who request them.

end insert
8begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 1723 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
9amended to read:end insert

10

1723.  

(a) begin deleteEvery order granting or revoking parole or issuing
11final discharges to any person under the jurisdiction of the division
12shall be made end delete
begin insertThe powers and duties of the board described in
13subdivision (a) of Section 1719 shall be exercised and performed end insert

14by the board or its designee, as authorized by this article.

15(b) All other powers conferred to the board concerning wards
16under the jurisdiction of the division may be exercised through
17subordinates or delegated to the division under rules established
18by the board. Any person subjected to an order of those
19subordinates or of the division pursuant to that delegation may
20petition the board for review. The board may review those orders
21under appropriate rules and regulations.

22(c) All board designees shall be subject to the training required
23pursuant to Sectionbegin delete 5075.6 of the Penal Code.end deletebegin insert 1724.end insert

24begin insert

begin insertSEC. 46.end insert  

end insert

begin insertSection 1724 is added to the end insertbegin insertWelfare and Institutions
25Code
end insert
begin insert, to read:end insert

begin insert
26

begin insert1724.end insert  

(a) Commissioners and board representatives hearing
27matters pursuant to subdivision (a) of Section 1719 or any other
28matter involving wards under the jurisdiction of the Division of
29Juvenile Facilities shall have a broad background in, and ability
30to perform or understand, appraisal of youthful offenders and
31delinquents, the circumstances of delinquency for which those
32persons are committed, and the evaluation of an individual’s
33progress toward reformation. Insofar as practicable,
34commissioners and board representatives selected to hear these
35matters also shall have a varied and sympathetic interest in juvenile
36justice and shall have experience or education in the fields of
37juvenile justice, sociology, law, law enforcement, mental health,
38medicine, drug treatment, or education.

39
(b) Within 60 days of appointment and annually thereafter,
40commissioners and board representatives described in subdivision
P74   1(a) shall undergo a minimum of 40 hours of training in the
2following areas:

3
(1) Adolescent brain development, the principles of cognitive
4behavioral therapy, and evidence-based treatment and
5recidivism-reduction models.

6
(2) Treatment and training programs provided to wards at the
7Division of Juvenile Facilities, including, but not limited to,
8educational, vocational, mental health, medical, substance abuse,
9psychotherapeutic counseling, and sex offender treatment
10programs.

11
(3) Current national research on effective interventions with
12juvenile offenders and how they compare to division program and
13treatment services.

14
(4) Commissioner duties and responsibilities.

15
(5) Knowledge of laws and regulations applicable to conducting
16initial case reviews, annual reviews, and discharge hearings,
17including the rights of victims, witnesses, and wards.

18
(6) Factors influencing ward lengths of stay and ward recidivism
19rates and their relationship to one another.

end insert
20begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 1725 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
21amended to read:end insert

22

1725.  

(a) Commencing July 1,begin delete 2005,end deletebegin insert 2016,end insert the Board ofbegin delete Paroleend delete
23begin insert Juvenileend insert Hearings shall succeed, and shall exercise and perform
24all powers and duties previously granted to, exercised by, and
25imposed upon the Youthful Offender Parole Board and Youth
26Authority Board, as authorized by this article. The Youthful
27Offender Parole Board and Youth Authority Board are abolished.

28(b) Commencing January 1, 2007, all commissioners appointed
29and trained to hear juvenile parole matters, together with their
30duties prescribed by law as functions of the Board of Parole
31Hearings concerning wards under the jurisdiction of the Department
32of Corrections and Rehabilitation, are transferred to the Director
33of the Division of Juvenile Justice.

34begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 1728 is added to the end insertbegin insertWelfare and Institutions
35Code
end insert
begin insert, to read:end insert

begin insert
36

begin insert1728.end insert  

The Governor may remove any member of the Board of
37Juvenile Hearings for misconduct, incompetency, or neglect of
38duty after a full hearing by the Board of State and Community
39Corrections.

end insert
P75   1begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 1766 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
2amended to read:end insert

3

1766.  

(a) Subject to Sections 733 and 1767.35, and subdivision
4(b) of this section, if a person has been committed to the
5Department of Corrections and Rehabilitation, Division of Juvenile
6Facilities, thebegin delete Juvenile Parole Board,end deletebegin insert Board of Juvenile Hearings,end insert
7 according to standardized review and appeal procedures established
8by the board in policy and regulation and subject to the powers
9and duties enumerated in subdivision (a) of Section 1719, may do
10any of the following:

11(1) Set a date on which the ward shall be discharged from the
12jurisdiction of the Division of Juvenile Facilities and permitted his
13or her liberty under supervision of probation and subject to the
14jurisdiction of the committing court pursuant to subdivision (b).

15(2) begin deleteOrder his or her confinement under conditions the board
16believes best designed for the protection of the public pursuant to
17the purposes set forth in Section 1700, end delete
begin insertDeny discharge, end insertexcept
18that a person committed to the division pursuant to Section 731 or
191731.5begin delete mayend deletebegin insert shallend insert not be held in physical confinement for a total
20period of time in excess of the maximum periods of time set forth
21in Section 731.

begin delete

22(3) Discharge him or her from any formal supervision when the
23board is satisfied that discharge is consistent with the protection
24of the public.

end delete

25(b) The following provisions shall apply to any ward eligible
26for discharge from his or her commitment to the custody of the
27Department of Corrections and Rehabilitation, Division of Juvenile
28Facilities. Any order entered by the court pursuant to this
29subdivision shall be consistent with evidence-based practices and
30the interest of public safety.

31(1) The county of commitment shall supervise the reentry of
32any ward still subject to the court’s jurisdiction and discharged
33from the jurisdiction of the Division of Juvenile Facilities. The
34conditions of the ward’s supervision shall be established by the
35court pursuant to the provisions of this section.

36(2) Not less than 60 days prior to the scheduled discharge
37consideration hearing of a ward described in this subdivision, the
38division shall provide to the probation department and the court
39of the committing county, and the ward’s counsel, if known, the
P76   1most recent written review prepared pursuant to Section 1720,
2along with notice of the discharge consideration hearing date.

3(3) (A) Not less than 30 days prior to the scheduled discharge
4consideration hearing, the division shall notify the ward of the date
5and location of the discharge consideration hearing. A ward shall
6have the right to contact his or her parent or guardian, if he or she
7can reasonably be located, to inform the parent or guardian of the
8date and location of the discharge consideration hearing. The
9division shall also allow the ward to inform other persons identified
10by the ward, if they can reasonably be located, and who are
11considered by the division as likely to contribute to a ward’s
12preparation for the discharge consideration hearing or the ward’s
13postrelease success.

14(B) This paragraph shall not apply if either of the following
15conditions is met:

16(i) A minor chooses not to contact his or her parents, guardians,
17or other persons and the director of the division facility determines
18it would be in the best interest of the minor not to contact the
19parents, guardians, or other persons.

20(ii) A person 18 years of age or older does not consent to the
21contact.

22(C) Upon intake of a ward committed to a division facility, and
23again upon attaining 18 years of age while serving his or her
24commitment in the custody of the division, an appropriate staff
25person shall explain the provisions of subparagraphs (A) and (B),
26using language clearly understandable to the ward.

27(D) Nothing in this paragraph shall be construed to limit the
28right of a ward to an attorney under any other law.

29(4) Not less than 30 days prior to the scheduled discharge
30consideration hearing of a ward described in this subdivision, the
31probation department of the committing county may provide the
32division with its written plan for the reentry supervision of the
33ward. At the discharge consideration hearing, thebegin delete Juvenile Paroleend delete
34 Boardbegin insert of Juvenile Hearingsend insert shall, in determining whether the ward
35is to be released, consider a reentry supervision plan submitted by
36the county.

37(5) If thebegin delete Juvenile Paroleend delete Boardbegin insert of Juvenile Hearingsend insert determines
38that a ward is ready for discharge to county supervision pursuant
39to subdivision (a), the board shall set a date for discharge from the
40jurisdiction of the Division of Juvenile Facilities no less than 14
P77   1days after the date of such determination. The board shall also
2record any postrelease recommendations for the ward. These
3recommendations will be sent to the committing court responsible
4for setting the ward’s conditions of supervision no later than seven
5days from the date of such determination.

6(6) No more than four days but no less than one day prior to the
7scheduled date of the reentry disposition hearing before the
8committing court, the Division of Juvenile Facilities shall transport
9and deliver the ward to the custody of the probation department
10of the committing county. On or prior to a ward’s date of discharge
11from the Division of Juvenile Facilities, the committing court shall
12convene a reentry disposition hearing for the ward. The purpose
13of the hearing shall be for the court to identify those conditions of
14supervision that are appropriate under all the circumstances of the
15case and consistent with evidence-based practices. The court shall,
16to the extent it deems appropriate, incorporate postrelease
17recommendations made by the board as well as any reentry plan
18submitted by the county probation department and reviewed by
19the board into its disposition order. At the hearing the ward shall
20be fully informed of the terms and conditions of any order entered
21by the court, including the consequences for any violation thereof.
22The procedure of the reentry disposition hearing shall otherwise
23be consistent with the rules, rights, and procedures applicable to
24delinquency disposition hearings as described in Article 17
25(commencing with Section 675) of Chapter 2 of Part 1 of Division
26 2.

27(7) The Department of Corrections and Rehabilitation shall have
28no further jurisdiction over a ward who is discharged by the board.

29(8) Notwithstanding any other law or any other provision of
30this section, commencing January 1, 2013, all wards who remain
31on parole under the jurisdiction of the Division of Juvenile
32 Facilities shall be discharged, except for wards who are in custody
33pending revocation proceedings or serving a term of revocation.
34A ward that is pending revocation proceedings or serving a term
35of revocation shall be discharged after serving his or her revocation
36term, including any revocation extensions, or when any allegations
37of violating the terms and conditions of his or her parole are not
38sustained.

P78   1(c) Within 60 days of intake, the Division of Juvenile Facilities
2shall provide the court and the probation department with a
3treatment plan for the ward.

4(d) Commencing January 1, 2013, and annually thereafter, for
5the preceding fiscal year, the department shall collect and make
6available to the public the following information:

7(1) The total number of ward case reviews conducted by the
8division and the board, categorized by guideline category.

9(2) The number of discharge consideration dates for each
10category set at guideline, above guideline, and below guideline.

11(3) The number of ward case reviews resulting in a change to
12a discharge consideration date, including the category assigned to
13the ward and the specific reason for the change.

14(4) The percentage of wards who have had a discharge
15consideration date changed to a later date, the percentage of wards
16who have had a discharge consideration date changed to an earlier
17date, and the average annual time added or subtracted per case.

18(5) The number and percentage of wards who, while confined
19or on parole, are charged with a new misdemeanor or felony
20criminal offense.

21(6) Any additional data or information identified by the
22department as relevant.

23(e) As used in subdivision (d), the term “ward case review”
24means any review of a ward that changes, maintains, or appreciably
25affects the programs, treatment, or placement of a ward.

begin delete

26(f) This section shall become operative on January 1, 2013.

end delete
27begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 1767.3 of the end insertbegin insertWelfare and Institutions Codeend insert
28
begin insert is amended to read:end insert

begin delete
29

1767.3.  

(a) The Juvenile Parole Board may suspend, cancel,
30or revoke any parole and may order returned to custody, as
31specified in Section 1767.35, any person under the jurisdiction of
32the Division of Juvenile Parole Operations.

33(b) The written order of the Director of the Division of Juvenile
34Justice is a sufficient warrant for any peace officer to return to
35custody any person under the jurisdiction of the Division of
36Juvenile Parole Operations.

37(c)

end delete
38begin insert

begin insert1767.3.end insert  

end insert

begin insert(a)end insert The written order of the Director of the Division
39of Juvenile Justice is a sufficient warrant forbegin delete any peace officer to
40return to custody, pending further proceedings before the Juvenile
P79   1Parole Board, any person under the jurisdiction of the Division of
2Juvenile Parole Operations, or forend delete
any peace officer to return to
3custody any person who has escaped from the custody of the
4Division of Juvenile Facilities or from any institution or facility
5in which he or she has been placed by the division.

begin delete

6(d)

end delete

7begin insert(b)end insert All peace officers shall execute the orders in like manner as
8a felony warrant.

9begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 5848.51 is added to the end insertbegin insertWelfare and
10Institutions Code
end insert
begin insert, to read:end insert

begin insert
11

begin insert5848.51.end insert  

(a) The Legislature finds and declares all of the
12following:

13
(1) Community alternatives should be expanded to reduce the
14need for mental health and substance use disorder treatment in
15jails and prisons.

16
(2) The number of people with serious mental illnesses
17incarcerated in county jails and the state’s prison system continues
18to rise.

19
(3) A significant number of individuals with serious mental
20illness have a co-occurring substance use disorder.

21
(4) The treatment and recovery of individuals with mental health
22disorders and substance use disorders are important for all levels
23of government, business, and the local community.

24
(b) Funds appropriated by the Legislature to the authority for
25the purposes of this section shall be used to establish a competitive
26grant program designed to promote diversion programs and
27services by increasing and expanding mental health treatment
28facilities, substance use disorder treatment facilities, and
29trauma-centered service facilities, including facilities providing
30services for sex trafficking victims, domestic violence victims, and
31victims of other violent crimes, in local communities, through the
32provision of infrastructure grants.

33
(c) Grant awards made by the authority shall be used to expand
34local resources for facility acquisition or renovation, equipment
35acquisition, and applicable program startup or expansion costs
36to increase availability and capacity to diversion programs
37described in paragraph (b).

38
(d) Funds appropriated by the Legislature to the authority for
39the purposes of this section shall be made available to selected
40counties, city or county, or counties acting jointly.

P80   1
(e) The authority shall develop selection criteria to expand local
2resources, including those described in subdivision (b), and
3processes for awarding grants after consulting with representatives
4and interested stakeholders from the mental health treatment
5community, substance use disorder treatment community, and
6trauma recovery center providers, including, but not limited to,
7county behavioral health directors, service providers, consumer
8organizations, and other appropriate interests, such as health care
9providers, law enforcement, trial courts, and formerly incarcerated
10individuals as determined by the authority. The authority shall
11monitor that grants result in cost-effective expansion of the number
12of community-based resources in regions and communities selected
13for funding. The authority shall also take into account at least the
14following criteria and factors when selecting recipients of grants
15and determining the amount of grant awards:

16
(1) Description of need, including, at a minimum, a
17comprehensive description of the project, community need,
18population to be served, linkage with other public systems of health
19and mental health care, linkage with local law enforcement, social
20services, and related assistance, as applicable, and a description
21of the request for funding.

22
(2) Ability to serve the target population, which includes
23individuals eligible for Medi-Cal and individuals eligible for county
24health and mental health services.

25
(3) Geographic areas or regions of the state to be eligible for
26grant awards, which may include rural, suburban, and urban
27areas, and may include use of the five regional designations utilized
28by the County Behavioral Health Directors Association of
29California.

30
(4) Level of community engagement and commitment to project
31completion.

32
(5) Financial support that, in addition to a grant that may be
33awarded by the authority, will be sufficient to complete and operate
34the project for which the grant from the authority is awarded.

35
(6) Ability to provide additional funding support to the project,
36including public or private funding, federal tax credits and grants,
37foundation support, and other collaborative efforts.

38
(7) Memorandum of understanding among project partners, if
39applicable.

P81   1
(8) Information regarding the legal status of the collaborating
2partners, if applicable.

3
(9) Ability to measure key outcomes, including utilization of
4services, health and mental health outcomes, and cost benefit of
5the project.

6
(f) The authority shall determine maximum grant awards, which
7shall take into consideration the number of projects awarded to
8the grantee, as described in subdivision (c), and shall reflect
9reasonable costs for the project and geographic region. The
10authority may allocate a grant in increments contingent upon the
11phases of a project.

12
(g) Funds awarded by the authority pursuant to this section
13may be used to supplement, but not to supplant, existing financial
14and resource commitments of the grantee or any other member of
15a collaborative effort that has been awarded a grant.

16
(h) All projects that are awarded grants by the authority shall
17be completed within a reasonable period of time, to be determined
18by the authority. Funds shall not be released by the authority until
19the applicant demonstrates project readiness to the authority’s
20satisfaction. If the authority determines that a grant recipient has
21failed to complete the project under the terms specified in awarding
22the grant, the authority may require remedies, including the return
23of all or a portion of the grant.

24
(i) The authority may consult with a technical assistance entity,
25as described in paragraph (5) of subdivision (a) of Section 4061,
26for the purposes of implementing this section.

27
(j) The authority may adopt emergency regulations relating to
28the grants for the capital capacity and program expansion projects
29described in this section, including emergency regulations that
30define eligible costs and determine minimum and maximum grant
31amounts.

32
(k) (1) The authority shall provide reports to the fiscal and
33policy committees of the Legislature on or before April 1, 2018,
34and annually until April 1, 2020, on the progress of implementation
35that include, but are not limited to, the following:

36
(A) A description of each project awarded funding.

37
(B) The amount of each grant issued.

38
(C) A description of other sources of funding for each project.

39
(D) The total amount of grants issued.

P82   1
(E) A description of project operation and implementation,
2including who is being served.

3
(2) The requirement for submitting a report imposed under this
4subdivision is inoperative on April 1, 2024, pursuant to Section
510231.5 of the Government Code.

6
(l) A recipient of a grant provided pursuant to paragraph (b)
7shall adhere to all applicable laws relating to scope of practice,
8licensure, certification, staffing, and building codes.

end insert
9begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 7200.06 of the end insertbegin insertWelfare and Institutions Codeend insert
10
begin insert is amended to read:end insert

begin delete
11

7200.06.  

(a) Of the 1,362 licensed beds at Napa State Hospital,
12at least 20 percent of these beds shall be available in any given
13fiscal year for use by counties for contracted services. Of the
14remaining beds, in no case shall the population of patients whose
15placement has been required pursuant to the Penal Code exceed
16980.

end delete
17begin insert

begin insert7200.06.end insert  

end insert

begin delete(b)end deletebegin deleteend deletebegin deleteAfter end deletebegin insert(a)end insertbegin insertend insertbegin insertAfter end insertconstruction of the perimeter
18security fence is completed at Napa State Hospital, no patient
19whose placement has been required pursuant to the Penal Code
20shall be placed outside the perimeter security fences, with the
21exception of placements in the general acute care and skilled
22nursing units. The State Department of State Hospitals shall ensure
23that appropriate security measures are in place for the general acute
24 care and skilled nursing units.

begin delete

25(c)

end delete

26begin insert(b)end insert Any alteration to the security perimeter structure or policies
27shall be made in conjunction with representatives of the City of
28Napa, the County of Napa, and local law enforcement agencies.

29begin insert

begin insertSEC. 53.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
30to the Budget Bill within the meaning of subdivision (e) of Section
3112 of Article IV of the California Constitution, has been identified
32as related to the budget in the Budget Bill, and shall take effect
33immediately.

end insert
begin delete
34

SECTION 1.  

It is the intent of the Legislature to enact statutory
35changes, relating to the Budget Act of 2016.

end delete


O

    97