Amended in Assembly June 14, 2016

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


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

LEGISLATIVE COUNSEL’S DIGEST

SB 843, as amended, Committee on Budget and Fiscal Review. Public safety.

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

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

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

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

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

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

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

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

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

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

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

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

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

This bill would also make technical, nonsubstantive changes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This bill would repeal those provisions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P11   1

SECTION 1.  

Section 231 of the Code of Civil Procedure is
2amended to read:

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 one yearend deletebegin insert 90 daysend 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 twoend delete
19begin insert fourend 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
32may require, provided that the peremptory challenges of one side
33shall not exceed the aggregate number of peremptory challenges
34of all other sides. If any party on a side does not use his or her full
35share of peremptory challenges, the unused challenges may be
36used by the other party or parties on the same side.

37(d) Peremptory challenges shall be taken or passed by the sides
38alternately, commencing with the plaintiff or people, and each
P12   1party shall be entitled to have the panel full before exercising any
2peremptory challenge. When each side passes consecutively, the
3jury shall then be sworn, unless the court, for good cause, shall
4otherwise order. The number of peremptory challenges remaining
5with a side shall not be diminished by any passing of a peremptory
6challenge.

7(e) If all the parties on both sides pass consecutively, the jury
8shall then be sworn, unless the court, for good cause, shall
9otherwise order. The number of peremptory challenges remaining
10with a side shall not be diminished by any passing of a peremptory
11challenge.

begin delete

12(f) The Judicial Council shall conduct a study, and on or before
13January 1, 2020, shall submit a report to the public safety
14committees of both houses of the Legislature on the reductions in
15peremptory challenges resulting from the enactment of the act that
16added this subdivision. The study shall include, but not be limited
17to, an examination of the number of peremptory challenges used
18by the defendant and the state in misdemeanor jury trials, a
19representative sample of the types of cases that go to jury trial,
20and the resulting cost savings to the courts. The report submitted
21pursuant to this subdivision shall be submitted in compliance with
22Section 9795 of the Government Code.

23(g)

end delete

24begin insert(f)end insert This section shall remain in effect only until January 1,begin delete 2021,end delete
25begin insert 2017,end insert and as of that date is repealed, unless a later enacted statute,
26that is enacted before January 1,begin delete 2021,end deletebegin insert 2017,end insert deletes or extends
27that date.

28begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 231 is added to the end insertbegin insertCode of Civil Procedureend insertbegin insert,
29to read:end insert

begin insert
30

begin insert231.end insert  

(a) In criminal cases, if the offense charged is punishable
31with death, or with imprisonment in the state prison for life, the
32defendant is entitled to 20 and the people to 20 peremptory
33challenges. Except as provided in subdivision (b), in a trial for
34any other offense, the defendant is entitled to 10 and the state to
3510 peremptory challenges. When two or more defendants are jointly
36tried, their challenges shall be exercised jointly, but each defendant
37shall also be entitled to five additional challenges which may be
38exercised separately, and the people shall also be entitled to
39additional challenges equal to the number of all the additional
40separate challenges allowed the defendants.

P13   1
(b) If the offense charged is punishable with a maximum term
2of imprisonment of one year or less, the defendant is entitled to
3six and the state to six peremptory challenges. When two or more
4defendants are jointly tried, their challenges shall be exercised
5jointly, but each defendant shall also be entitled to two additional
6challenges which may be exercised separately, and the state shall
7also be entitled to additional challenges equal to the number of
8all the additional separate challenges allowed the defendants.

9
(c) In civil cases, each party shall be entitled to six peremptory
10challenges. If there are more than two parties, the court shall, for
11the purpose of allotting peremptory challenges, divide the parties
12into two or more sides according to their respective interests in
13the issues. Each side shall be entitled to eight peremptory
14challenges. If there are several parties on a side, the court shall
15divide the challenges among them as nearly equally as possible.
16If there are more than two sides, the court shall grant such
17additional peremptory challenges to a side as the interests of justice
18may require, provided that the peremptory challenges of one side
19shall not exceed the aggregate number of peremptory challenges
20of all other sides. If any party on a side does not use his or her full
21share of peremptory challenges, the unused challenges may be
22used by the other party or parties on the same side.

23
(d) Peremptory challenges shall be taken or passed by the sides
24alternately, commencing with the plaintiff or people, and each
25party shall be entitled to have the panel full before exercising any
26peremptory challenge. When each side passes consecutively, the
27jury shall then be sworn, unless the court, for good cause, shall
28otherwise order. The number of peremptory challenges remaining
29with a side shall not be diminished by any passing of a peremptory
30challenge.

31
(e) If all the parties on both sides pass consecutively, the jury
32shall then be sworn, unless the court, for good cause, shall
33otherwise order. The number of peremptory challenges remaining
34with a side shall not be diminished by any passing of a peremptory
35challenge.

36
(f) The Judicial Council shall conduct a study, and on or before
37January 1, 2020, shall submit a report to the public safety
38committees of both houses of the Legislature on the reductions in
39peremptory challenges resulting from the enactment of the act that
40added this subdivision. The study shall include, but not be limited
P14   1to, an examination of the number of peremptory challenges used
2by the defendant and the state in misdemeanor jury trials, a
3representative sample of the types of cases that go to jury trial,
4and the resulting cost savings to the courts. The report submitted
5pursuant to this subdivision shall be submitted in compliance with
6Section 9795 of the Government Code.

7
(g) This section shall become operative on January 1, 2017.

8
(h) This section shall remain in effect only until January 1, 2021,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2021, deletes or extends that date.

end insert
11

begin deleteSEC. 2.end delete
12
begin insertSEC. 3.end insert  

Section 231 is added to the Code of Civil Procedure,
13to read:

14

231.  

(a) In criminal cases, if the offense charged is punishable
15with death, or with imprisonment in the state prison for life, the
16defendant is entitled to 20 and the people to 20 peremptory
17challenges. Except as provided in subdivision (b), in a trial for any
18other offense, the defendant is entitled to 10 and the state to 10
19peremptory challenges. When two or more defendants are jointly
20tried, their challenges shall be exercised jointly, but each defendant
21shall also be entitled to five additional challenges which may be
22exercised separately, and the people shall also be entitled to
23additional challenges equal to the number of all the additional
24separate challenges allowed the defendants.

25(b) If the offense charged is punishable with a maximum term
26of imprisonment of 90 days or less, the defendant is entitled to six
27and the state to six peremptory challenges. When two or more
28defendants are jointly tried, their challenges shall be exercised
29jointly, but each defendant shall also be entitled to four additional
30challenges which may be exercised separately, and the state shall
31also be entitled to additional challenges equal to the number of all
32the additional separate challenges allowed the defendants.

33(c) In civil cases, each party shall be entitled to six peremptory
34challenges. If there are more than two parties, the court shall, for
35the purpose of allotting peremptory challenges, divide the parties
36into two or more sides according to their respective interests in
37the issues. Each side shall be entitled to eight peremptory
38challenges. If there are several parties on a side, the court shall
39divide the challenges among them as nearly equally as possible.
40If there are more than two sides, the court shall grant such
P15   1additional peremptory challenges to a side as the interests of justice
2may require, provided that the peremptory challenges of one side
3shall not exceed the aggregate number of peremptory challenges
4of all other sides. If any party on a side does not use his or her full
5share of peremptory challenges, the unused challenges may be
6used by the other party or parties on the same side.

7(d) Peremptory challenges shall be taken or passed by the sides
8alternately, commencing with the plaintiff orbegin delete people;end deletebegin insert people,end insert and
9each party shall be entitled to have the panel full before exercising
10any peremptory challenge. When each side passes consecutively,
11the jury shall then be sworn, unless the court, for good cause, shall
12otherwise order. The number of peremptory challenges remaining
13with a side shall not be diminished by any passing of a peremptory
14challenge.

15(e) If all the parties on both sides pass consecutively, the jury
16shall then be sworn, unless the court, for good cause, shall
17otherwise order. The number of peremptory challenges remaining
18with a side shall not be diminished by any passing of a peremptory
19challenge.

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

21

begin deleteSEC. 3.end delete
22
begin insertSEC. 4.end insert  

Section 7522.57 of the Government Code is amended
23to read:

24

7522.57.  

(a) This section shall apply to any retired person who
25is receiving a pension benefit from a public retirement system and
26is first appointed on or after January 1, 2013, to a salaried position
27on a state board or commission. This section shall supersede any
28other provision in conflict with this section.

29(b) A person who is retired from a public retirement system
30may serve without reinstatement from retirement or loss or
31interruption of benefits provided that appointment is to a part-time
32state board or commission. A retired person whose employment
33without reinstatement is authorized by this subdivision shall acquire
34no benefits, service credit, or retirement rights with respect to the
35employment. Unless otherwise defined in statute, for the purpose
36of this section, a part-time appointment shall mean an appointment
37with a salary of no more than $60,000 annually, which shall be
38increased in any fiscal year in which a general salary increase is
39provided for state employees. The amount of the increase provided
40by this section shall be comparable to, but shall not exceed, the
P16   1percentage of the general salary increases provided for state
2employees during that fiscal year.

3(c) A person who is retired from the Public Employees’
4Retirement System shall not serve on a full-time basis on a state
5board or commission without reinstatement unless that person
6serves as a nonsalaried member of the board or commission and
7receives only per diem authorized to all members of the board or
8commission. A person who serves as a nonsalaried member of a
9board or commission shall not earn any service credit or benefits
10in the Public Employees’ Retirement System or make contributions
11with respect to the service performed.

12(d) A person retired from a public retirement system other than
13the Public Employees’ Retirement System who is appointed on a
14full-time basis to a state board or commission shall choose one of
15the following options:

16(1) The person may serve as a nonsalaried member of the board
17or commission and continue to receive his or her retirement
18allowance, in addition to any per diem authorized to all members
19of the board or commission. The person shall not earn service
20credit or benefits in the Public Employees’ Retirement System and
21shall not make contributions with respect to the service performed.

22(2) (A) The person may suspend his or her retirement allowance
23or allowances and instate as a new member of the Public
24Employees’ Retirement System for the service performed on the
25board or commission. The pensionable compensation earned
26pursuant to this paragraph shall not be eligible for reciprocity with
27any other retirement system or plan.

28(B) Upon retiring for service after serving on the board or
29commission, the appointee shall be entitled to reinstatement of any
30suspended benefits, including employer provided retiree health
31benefits, that he or she was entitled to at the time of being
32appointed to the board or commission.

33(e) Notwithstanding subdivisions (c) and (d), a person who
34retires from a public employer may serve without reinstatement
35from retirement or loss or interruption of benefits provided by the
36retirement system upon appointment to a full-time state board
37pursuant to Section 5075 of the Penal Code or Section 1718 of the
38Welfare and Institutions Code.

P17   1

begin deleteSEC. 4.end delete
2
begin insertSEC. 5.end insert  

Section 11555 of the Government Code is amended
3to read:

4

11555.  

(a) Effective January 1, 1988, an annual salary of
5seventy-one thousand five hundred eighty-seven dollars ($71,587)
6shall be paid to the following:

7(1) Chairperson of the Board of Parole Hearings.

8(2) Chairperson of the Occupational Safety and Health Appeals
9Board.

10(3) Chairperson of the Board of Juvenile Hearings.

11(b) The annual compensation provided by this section shall be
12increased in any fiscal year in which a general salary increase is
13provided for state employees. The amount of the increase provided
14 by this section shall be comparable to, but shall not exceed, the
15percentage of the general salary increases provided for state
16employees during that fiscal year.

17(c) Notwithstanding subdivision (b), any salary increase is
18subject to Section 19825.5.

19

begin deleteSEC. 5.end delete
20
begin insertSEC. 6.end insert  

Section 11556 of the Government Code is amended
21to read:

22

11556.  

(a) Effective January 1, 1988, an annual salary of
23sixty-nine thousand seventy-six dollars ($69,076) shall be paid to
24each of the following:

25(1) Commissioner of the Board of Parole Hearings.

26(2) Member of the Occupational Safety and Health Appeals
27Board.

28(3) Commissioner of the Board of Juvenile Hearings.

29(b) The annual compensation provided by this section shall be
30increased in any fiscal year in which a general salary increase is
31provided for state employees. The amount of the increase provided
32by this section shall be comparable to, but shall not exceed, the
33percentage of the general salary increases provided for state
34employees during that fiscal year.

35(c) Notwithstanding subdivision (b), any salary increase is
36subject to Section 19825.5.

37

begin deleteSEC. 6.end delete
38
begin insertSEC. 7.end insert  

Section 12838 of the Government Code is amended
39to read:

P18   1

12838.  

(a) There is hereby created in state government the
2Department of Corrections and Rehabilitation, to be headed by a
3secretary, who shall be appointed by the Governor, subject to
4Senate confirmation, and shall serve at the pleasure of the
5Governor. The Department of Corrections and Rehabilitation shall
6consist of Adult Operations, Adult Programs, Health Care Services,
7Juvenile Justice, the Board of Parole Hearings, the Board of
8Juvenile Hearings, the State Commission on Juvenile Justice, the
9Prison Industry Authority, and the Prison Industry Board.

10(b) The Governor, upon recommendation of the secretary, may
11appoint three undersecretaries of the Department of Corrections
12and Rehabilitation, subject to Senate confirmation. The
13undersecretaries shall hold office at the pleasure of the Governor.
14One undersecretary shall oversee administration and offender
15services, one undersecretary shall oversee health care services,
16and one undersecretary shall oversee operations for the department.

17(c) The Governor, upon recommendation of the secretary, shall
18appoint a Chief for the Office of Victim Services, and a Chief for
19the Office of Correctional Safety, both of whom shall serve at the
20pleasure of the Governor.

21

begin deleteSEC. 7.end delete
22
begin insertSEC. 8.end insert  

Section 12838.4 of the Government Code is amended
23to read:

24

12838.4.  

The Board of Parole Hearings is hereby created. The
25Board of Parole Hearings shall be comprised of 14 commissioners,
26who shall be appointed by the Governor, subject to Senate
27confirmation, for three-year terms. The Board of Parole Hearings
28hereby succeeds to, and is vested with, all the powers, duties,
29responsibilities, obligations, liabilities, and jurisdiction of the
30following entities, which shall no longer exist: Board of Prison
31Terms, Narcotic Addict Evaluation Authority, and Youthful
32Offender Parole Board. For purposes of this article, the above
33entities shall be known as “predecessor entities.”

34

begin deleteSEC. 8.end delete
35
begin insertSEC. 9.end insert  

Section 68502.5 of the Government Code is amended
36to read:

37

68502.5.  

(a) The Judicial Council may, as part of its trial court
38budget process, seek input from groups and individuals as it deems
39appropriate, including, but not limited to, advisory committees
P19   1and the Administrative Director of the Courts. The trial court
2budget process may include, but is not limited to, the following:

3(1) The receipt of budget requests from the trial courts.

4(2) The review of the trial courts’ budget requests and evaluate
5them against performance criteria established by the Judicial
6 Council by which a court’s performance, level of coordination,
7and efficiency can be measured.

8(3) The annual adoption of the projected cost in the subsequent
9fiscal year of court operations as defined in Section 77003 for each
10trial court. This estimation shall serve as a basis for recommended
11court budgets, which shall be developed for comparison purposes
12and to delineate funding responsibilities.

13(4) The annual approval of a schedule for the allocation of
14moneys to individual courts and an overall trial court budget for
15forwarding to the Governor for inclusion in the Governor’s
16proposed State Budget. The schedule shall be based on the
17performance criteria established pursuant to paragraph (2), on a
18minimum standard established by the Judicial Council for the
19operation and staffing of all trial court operations, and on any other
20factors as determined by the Judicial Council. This minimum
21standard shall be modeled on court operations using all reasonable
22and available measures to increase court efficiency. The schedule
23of allocations shall assure that all trial courts receive funding for
24the minimum operating and staffing standards before funding
25operating and staffing requests above the minimum standards, and
26shall include incentives and rewards for any trial court’s
27implementation of efficiencies and cost saving measures.

28(5) The reallocation of funds during the course of the fiscal year
29to ensure equal access to the trial courts by the public, to improve
30trial court operations, and to meet trial court emergencies. Neither
31the state nor the counties shall have any obligation to replace
32moneys appropriated for trial courts and reallocated pursuant to
33this paragraph.

34(6) The allocation of funds in the State Trial Court Improvement
35and Modernization Fund to ensure equal access to trial courts by
36the public, to improve trial court operations, and to meet trial court
37emergencies, as expressly authorized by statute.

38(7) Upon approval of the trial courts’ budget by the Legislature,
39the preparation during the course of the fiscal year of allocation
40schedules for payments to the trial courts, consistent with Section
P20   168085, which shall be submitted to the Controller’s office at least
215 days before the due date of any allocation.

3(8) The establishment of rules regarding a court’s authority to
4transfer trial court funding moneys from one functional category
5to another in order to address needs in any functional category.

6(9) At the request of the presiding judge of a trial court, an
7independent review of the funding level of the court to determine
8whether it is adequate to enable the court to discharge its statutory
9and constitutional responsibilities.

10(10) From time to time, a review of the level of fees charged
11by the courts for various services and prepare recommended
12adjustments for forwarding to the Legislature.

13(11) Provisions set forth in rules adopted pursuant to Section
14 77206.

15(b) Courts and counties shall establish procedures to allow for
16the sharing of information as it relates to approved budget proposals
17and expenditures that impact the respective court and county
18budgets. The procedures shall include, upon the request of a court
19or county, that a respective court or county shall provide the
20requesting court or county a copy of its approved budget and, to
21the extent possible, approved program expenditure component
22information and a description of budget changes that are anticipated
23to have an impact on the requesting court or county. The Judicial
24Council shall provide to the Legislature on December 31, 2001,
25and yearly thereafter, budget expenditure data at the program
26component level for each court.

27(c) (1) The Judicial Council shall retain the ultimate
28responsibility to adopt a budget and allocate funding for the trial
29courts and perform the other activities listed in subdivision (a) that
30best assure their ability to carry out their functions, promote
31implementation of statewide policies, and promote the immediate
32implementation of efficiencies and cost saving measures in court
33operations, in order to guarantee equal access to the courts.

34(2) (A) When setting the allocations for trial courts, the Judicial
35Council shall set a preliminary allocation in July of each fiscal
36year. The preliminary allocation shall include an estimate of
37available trial court reserves as of June 30 of the prior fiscal year
38and each court’s preliminary allocation shall be offset by the
39amount of reserves in excess of the amount authorized to be carried
40over pursuant to subdivision (b) of Section 77203. In January of
P21   1each fiscal year, after review of available trial court reserves as of
2June 30 of the prior fiscal year, the Judicial Council shall finalize
3allocations to trial courts and each court’s finalized allocation shall
4be offset by the amount of reserves in excess of the amount
5authorized to be carried over pursuant to subdivision (b) of Section
677203.

7(B) The Judicial Council shall hold a reserve of ten million
8dollars ($10,000,000) in the Trial Court Trust Fund to be available
9to trial courts for emergencies. The funding shall be administered
10by the Judicial Council, and any funding allocated shall be
11replenished on an annual basis from the trial court base allocations.
12The Judicial Council shall establish a process for trial courts to
13apply for emergency funding.

14(C) The Judicial Council shall, no later than October 1 of each
15year, report to the Legislature, pursuant to Section 9795, and to
16the Department of Finance all requests and allocations made
17pursuant to subparagraph (B) for the preceding year.

18

begin deleteSEC. 9.end delete
19
begin insertSEC. 10.end insert  

Section 68085.1 of the Government Code, as amended
20by Section 22 of Chapter 913 of the Statutes of 2014, is amended
21to read:

22

68085.1.  

(a) This section applies to all fees and fines that are
23collected on or after January 1, 2006, under all of the following:

24(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
25704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
26subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
27Section 411.21 of, subdivision (b) of Section 631 of, and Chapter
285.5 (commencing with Section 116.110) of Title 1 of Part 1 of, the
29Code of Civil Procedure.

30(2) Section 3112 of the Family Code.

31(3) Section 31622 of the Food and Agricultural Code.

32(4) Subdivision (d) of Section 6103.5, Sections 68086 and
3368086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
3469953.5, and Chapter 5.8 (commencing with Section 70600).

35(5) Section 103470 of the Health and Safety Code.

36(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
37of the Penal Code.

38(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
39Code.

40(8) Sections 14607.6 and 16373 of the Vehicle Code.

P22   1(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
2of the Family Code, and Section 1513.1 of the Probate Code, if
3the reimbursement is for expenses incurred by the court.

4(10) Section 3153 of the Family Code, if the amount is paid to
5the court for the cost of counsel appointed by the court to represent
6a child.

7(b) On and after January 1, 2006, each superior court shall
8deposit all fees and fines listed in subdivision (a), as soon as
9practicable after collection and on a regular basis, into a bank
10account established for this purpose by the Administrative Office
11of the Courts. Upon direction of the Administrative Office of the
12Courts, the county shall deposit civil assessments under Section
131214.1 of the Penal Code and any other money it collects under
14the sections listed in subdivision (a) as soon as practicable after
15collection and on a regular basis into the bank account established
16for this purpose and specified by the Administrative Office of the
17Courts. The deposits shall be made as required by rules adopted
18by, and financial policies and procedures authorized by, the Judicial
19Council under subdivision (a) of Section 77206. Within 15 days
20after the end of the month in which the fees and fines are collected,
21each court, and each county that collects any fines or fees under
22subdivision (a), shall provide the Administrative Office of the
23Courts with a report of the fees by categories as specified by the
24Administrative Office of the Courts. The Administrative Office
25of the Courts and any court may agree upon a time period greater
26than 15 days, but in no case more than 30 days after the end of the
27month in which the fees and fines are collected. The fees and fines
28listed in subdivision (a) shall be distributed as provided in this
29section.

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

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

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

38(C) To the county law library funds, as described in Sections
39116.230 and 116.760 of the Code of Civil Procedure, subdivision
40(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
P23   1Section 70621 of this code, and Section 14607.6 of the Vehicle
2Code.

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

6(E) Commencing July 1, 2011, to the Trial Court Trust Fund,
7as described in subdivision (e) of Section 70626, to be used by the
8Judicial Council to implement and administer the civil
9representation pilot program under Section 68651.

10(2) If any distribution under this subdivision is delinquent, the
11Administrative Office of the Courts shall add a penalty to the
12distribution as specified in subdivision (i).

13(d) Within 45 calendar days after the end of the month in which
14the fees and fines listed in subdivision (a) are collected, the
15amounts remaining after the distributions in subdivision (c) shall
16be transmitted to the State Treasury for deposit in the Trial Court
17Trust Fund and other funds as required by law. This remittance
18shall be accompanied by a remittance advice identifying the
19collection month and the appropriate account in the Trial Court
20Trust Fund or other fund to which it is to be deposited. Upon the
21receipt of any delinquent payment required under this subdivision,
22the Controller shall calculate a penalty as provided under
23subdivision (i).

24(e) From the money transmitted to the State Treasury under
25subdivision (d), the Controller shall make deposits as follows:

26(1) Into the State Court Facilities Construction Fund, the Judges’
27Retirement Fund, and the Equal Access Fund, as described in
28subdivision (c) of Section 68085.3 and subdivision (c) of Section
2968085.4.

30(2) Into the Health Statistics Special Fund, as described in
31subdivision (b) of Section 70670 of this code and Section 103730
32of the Health and Safety Code.

33(3) Into the Family Law Trust Fund, as described in Section
3470674.

35(4) Into the Immediate and Critical Needs Account of the State
36Court Facilities Construction Fund, established in Section 70371.5,
37as described in Sections 68085.3, 68085.4, and 70657.5, and
38subdivision (e) of Section 70617.

39(5) The remainder of the money shall be deposited into the Trial
40Court Trust Fund.

P24   1(f) The amounts collected by each superior court under Section
2116.232, subdivision (g) of Section 411.20, and subdivision (g) of
3Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
43153, 7851.5, and 9002 of the Family Code, subdivision (d) of
5Section 6103.5, subdivision (d) of Section 68511.3 and Sections
668926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
7of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
8Probate Code shall be added to the monthly apportionment for that
9court under subdivision (a) of Section 68085.

10(g) If any of the fees provided in subdivision (a) are partially
11waived by court order or otherwise reduced, and the fee is to be
12divided between the Trial Court Trust Fund and any other fund or
13account, the amount of the reduction shall be deducted from the
14amount to be distributed to each fund in the same proportion as
15the amount of each distribution bears to the total amount of the
16fee. If the fee is paid by installment payments, the amount
17distributed to each fund or account from each installment shall
18bear the same proportion to the installment payment as the full
19distribution to that fund or account does to the full fee. If a court
20collects a fee that was incurred before January 1, 2006, under a
21provision that was the predecessor to one of the paragraphs
22contained in subdivision (a), the fee may be deposited as if it were
23collected under the paragraph of subdivision (a) that corresponds
24to the predecessor of that paragraph and distributed in prorated
25amounts to each fund or account to which the fee in subdivision
26(a) must be distributed.

27(h) Except as provided in Sections 470.5 and 6322.1 of the
28Business and Professions Code, and Sections 70622, 70624, and
2970625 of this code, an agency shall not take action to change the
30amounts allocated to any of the funds described in subdivision (c),
31(d), or (e).

32(i) The amount of the penalty on any delinquent payment under
33subdivision (c) or (d) shall be calculated by multiplying the amount
34of the delinquent payment at a daily rate equivalent to 112 percent
35per month for the number of days the payment is delinquent. The
36penalty shall be paid from the Trial Court Trust Fund. Penalties
37on delinquent payments under subdivision (d) shall be calculated
38only on the amounts to be distributed to the Trial Court Trust Fund
39and the State Court Facilities Construction Fund, and each penalty
P25   1 shall be distributed proportionately to the funds to which the
2delinquent payment was to be distributed.

3(j) If a delinquent payment under subdivision (c) or (d) results
4from a delinquency by a superior court under subdivision (b), the
5court shall reimburse the Trial Court Trust Fund for the amount
6of the penalty. Notwithstanding Section 77009, any penalty on a
7delinquent payment that a court is required to reimburse pursuant
8to this section shall be paid from the court operations fund for that
9court. The penalty shall be paid by the court to the Trial Court
10Trust Fund no later than 45 days after the end of the month in
11which the penalty was calculated. If the penalty is not paid within
12the specified time, the Administrative Office of the Courts may
13reduce the amount of a subsequent monthly allocation to the court
14by the amount of the penalty on the delinquent payment.

15(k) If a delinquent payment under subdivision (c) or (d) results
16from a delinquency by a county in transmitting fees and fines listed
17in subdivision (a) to the bank account established for this purpose,
18as described in subdivision (b), the county shall reimburse the Trial
19Court Trust Fund for the amount of the penalty. The penalty shall
20be paid by the county to the Trial Court Trust Fund no later than
2145 days after the end of the month in which the penalty was
22calculated.

23

begin deleteSEC. 10.end delete
24
begin insertSEC. 11.end insert  

Section 68085.1 of the Government Code, as amended
25by Section 19 of Chapter 41 of the Statutes of 2012, is repealed.

26

begin deleteSEC. 11.end delete
27
begin insertSEC. 12.end insert  

Section 68651 of the Government Code is amended
28to read:

29

68651.  

(a) Legal counsel shall be appointed to represent
30low-income parties in civil matters involving critical issues
31affecting basic human needs in those specified courts selected by
32the Judicial Council as provided in this section.

33(b) (1) Subject to funding specifically provided for this purpose
34pursuant to subdivision (e) of Section 70626, the Judicial Council
35shall develop one or more model pilot projects in selected courts
36pursuant to a competitive grant process and a request for proposals.
37Projects authorized under this section shall provide representation
38of counsel for low-income persons who require legal services in
39civil matters involving housing-related matters, domestic violence
40and civil harassment restraining orders, probate conservatorships,
P26   1guardianships of the person, elder abuse, or actions by a parent to
2obtain sole legal or physical custody of a child, as well as providing
3court procedures, personnel, training, and case management and
4administration methods that reflect best practices to ensure
5unrepresented parties in those cases have meaningful access to
6justice, and to gather information on the outcomes associated with
7providing these services, to guard against the involuntary waiver
8of those rights or their disposition by default. These pilot projects
9should be designed to address the substantial inequities in timely
10and effective access to justice that often give rise to an undue risk
11of erroneous decision because of the nature and complexity of the
12law and the proceeding or disparities between the parties in
13education, sophistication, language proficiency, legal
14representation, access to self-help, and alternative dispute
15resolution services. In order to ensure that the scarce funds
16available for the program are used to serve the most critical cases
17and the parties least able to access the courts without
18representation, eligibility for representation shall be limited to
19clients whose household income falls at or below 200 percent of
20the federal poverty level. Projects shall impose asset limitations
21consistent with their existing practices in order to ensure optimal
22use of funds.

23(2) (A) In light of the significant percentage of parties who are
24unrepresented in family law matters, proposals to provide counsel
25in child custody cases should be considered among the highest
26priorities for funding, particularly when one side is represented
27and the other is not.

28(B) Up to 20 percent of available funds shall be directed to
29projects regarding civil matters involving actions by a parent to
30obtain sole legal or physical custody of a child. This subparagraph
31shall not apply to distributions made pursuant to paragraph (3).

32(3) For the 2012-13 fiscal year, and each subsequent fiscal year,
33any amounts collected pursuant to subdivision (e) of Section 70626
34in excess of the total amount transferred to the Trial Court Trust
35Fund in the 2011-12 fiscal year pursuant to subparagraph (E) of
36paragraph (1) of subdivision (c) of Section 68085.1 and subdivision
37(e) of Section 70626 shall be distributed by the Judicial Council
38without regard to subparagraph (B) of paragraph (2). Those
39amounts may be distributed by the Judicial Council as set forth in
40this subdivision. If the funds are to be distributed to new projects,
P27   1the Judicial Council shall distribute those amounts pursuant to the
2process set forth in this subdivision.

3(4) Each project shall be a partnership between the court, a
4qualified legal services project, as defined by subdivision (a) of
5Section 6213 of the Business and Professions Code, that shall serve
6as the lead agency for case assessment and direction, and other
7legal services providers in the community who are able to provide
8the services for the project. The lead legal services agency shall
9be the central point of contact for receipt of referrals to the project
10and to make determinations of eligibility based on uniform criteria.
11The lead legal services agency shall be responsible for providing
12representation to the clients or referring the matter to one of the
13organization or individual providers with whom the lead legal
14services agency contracts to provide the service. Funds received
15by a qualified legal services project shall not qualify as
16expenditures for the purposes of the distribution of funds pursuant
17to Section 6216 of the Business and Professions Code. To the
18extent practical, the lead legal services agency shall identify and
19make use of pro bono services in order to maximize available
20services efficiently and economically. Recognizing that not all
21indigent parties can be afforded representation, even when they
22have meritorious cases, the court partner shall, as a corollary to
23the services provided by the lead legal services agency, be
24 responsible for providing procedures, personnel, training, and case
25management and administration practices that reflect best practices
26to ensure unrepresented parties meaningful access to justice and
27to guard against the involuntary waiver of rights, as well as to
28encourage fair and expeditious voluntary dispute resolution,
29consistent with principles of judicial neutrality.

30(5) The participating projects shall be selected by a committee
31appointed by the Judicial Council with representation from key
32stakeholder groups, including judicial officers, legal services
33providers, and others, as appropriate. The committee shall assess
34the applicants’ capacity for success, innovation, and efficiency,
35including, but not limited to, the likelihood that the project would
36deliver quality representation in an effective manner that would
37meet critical needs in the community and address the needs of the
38court with regard to access to justice and calendar management,
39and the unique local unmet needs for representation in the
40community. Projects approved pursuant to this section shall initially
P28   1be authorized for a three-year period, commencing July 1, 2011,
2subject to renewal for a period to be determined by the Judicial
3Council, in consultation with the participating project in light of
4the project’s capacity and success. After the initial three-year
5period, the Judicial Council shall distribute any future funds
6available as the result of the termination or nonrenewal of a project
7pursuant to the process set forth in this subdivision. Projects shall
8be selected on the basis of whether in the cases proposed for service
9the persons to be assisted are likely to be opposed by a party who
10is represented by counsel. The Judicial Council shall also consider
11the following factors in selecting the projects:

12(A) The likelihood that representation in the proposed case type
13tends to affect whether a party prevails or otherwise obtains a
14significantly more favorable outcome in a matter in which they
15would otherwise frequently have judgment entered against them
16or suffer the deprivation of the basic human need at issue.

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

18(C) The nature and severity of potential consequences for the
19unrepresented party regarding the basic human need at stake if
20representation is not provided.

21(D) Whether the provision of legal services may eliminate or
22reduce the potential need for and cost of public social services
23regarding the basic human need at stake for the client and others
24in the client’s household.

25(E) The unmet need for legal services in the geographic area to
26be served.

27(F) The availability and effectiveness of other types of court
28services, such as self-help.

29(6) Each applicant shall do all of the following:

30(A) Identify the nature of the partnership between the court, the
31lead legal services agency, and the other agencies or other providers
32that would work within the project.

33(B) Describe the referral protocols to be used, the criteria that
34would be employed in case assessment, why those cases were
35selected, the manner to address conflicts without violating any
36attorney-client privilege when adverse parties are seeking
37representation through the project, and the means for serving
38potential clients who need assistance with English.

39(C) Describe how the project would be administered, including
40how the data collection requirements would be met without causing
P29   1an undue burden on the courts, clients, or the providers, the
2particular objectives of the project, strategies to evaluate their
3success in meeting those objectives, and the means by which the
4project would serve the particular needs of the community, such
5as by providing representation to limited-English-speaking clients.

6(7) To ensure the most effective use of the funding available,
7the lead legal services agency shall serve as a hub for all referrals,
8and the point at which decisions are made about which referrals
9will be served and by whom. Referrals shall emanate from the
10court, as well as from the other agencies providing services through
11the program, and shall be directed to the lead legal services agency
12for review. That agency, or another agency or attorney in the event
13of conflict, shall collect the information necessary to assess whether
14the case should be served. In performing that case assessment, the
15agency shall determine the relative need for representation of the
16litigant, including all of the following:

17(A) Case complexity.

18(B) Whether the other party is represented.

19(C) The adversarial nature of the proceeding.

20(D) The availability and effectiveness of other types of services,
21such as self-help, in light of the potential client and the nature of
22the case.

23(E) Language issues.

24(F) Disability access issues.

25(G) Literacy issues.

26(H) The merits of the case.

27(I) The nature and severity of potential consequences for the
28potential client if representation is not provided.

29(J) Whether the provision of legal services may eliminate or
30reduce the need for, and cost of, public social services for the
31potential client and others in the potential client’s household.

32(8) If both parties to a dispute are financially eligible for
33representation, each proposal shall ensure that representation for
34both sides is evaluated. In these and other cases in which conflict
35issues arise, the lead legal services agency shall have referral
36protocols with other agencies and providers, such as a private
37attorney panel, to address those conflicts.

38(9) Each pilot project shall be responsible for keeping records
39on the referrals accepted and those not accepted for representation,
40and the reasons for each, in a manner that does not violate
P30   1privileged communications between the agency and the prospective
2client. Each pilot project shall be provided with standardized data
3collection tools, and required to track case information for each
4referral to allow the evaluation to measure the number of cases
5served, the level of service required, and the outcomes for the
6clients in each case. In addition to this information on the effect
7of the representation on the clients, data shall be collected regarding
8the outcomes for the trial courts.

9(10) A local advisory committee shall be formed for each pilot
10project, to include representatives of the bench and court
11administration, the lead legal services agency, and the other
12agencies or providers that are part of the local project team. The
13role of the advisory committee is to facilitate the administration
14of the local pilot project, and to ensure that the project is fulfilling
15its objectives. In addition, the committee shall resolve any issues
16that arise during the course of the pilot project, including issues
17concerning case eligibility, and recommend changes in project
18administration in response to implementation challenges. The
19committee shall meet at least monthly for the first six months of
20the project, and no less than quarterly for the duration of the pilot
21period. Each authorized pilot project shall catalog changes to the
22program made during the three-year period based on its experiences
23with best practices in serving the eligible population.

24(c) The Judicial Council shall conduct a study to demonstrate
25the effectiveness and continued need for the pilot program
26established pursuant to this section and shall report its findings
27and recommendations to the Governor and the Legislature on or
28before January 31, 2016. The study shall report on the percentage
29of funding by case type and shall include data on the impact of
30counsel on equal access to justice and the effect on court
31administration and efficiency, and enhanced coordination between
32courts and other government service providers and community
33resources. This report shall describe the benefits of providing
34representation to those who were previously not represented, both
35for the clients and the courts, as well as strategies and
36recommendations for maximizing the benefit of that representation
37in the future. The report shall describe and include data, if
38available, on the impact of the pilot program on families and
39children. The report also shall include an assessment of the
P31   1continuing unmet needs and, if available, data regarding those
2unmet needs.

3(d) This section shall not be construed to negate, alter, or limit
4any right to counsel in a criminal or civil action or proceeding
5otherwise provided by state or federal law.

6

begin deleteSEC. 12.end delete
7
begin insertSEC. 13.end insert  

Section 70626 of the Government Code, as amended
8by Section 45 of Chapter 41 of the Statutes of 2012, is amended
9to read:

10

70626.  

(a) The fee for each of the following services is
11twenty-five dollars ($25). Subject to subdivision (e), amounts
12collected shall be distributed to the Trial Court Trust Fund under
13Section 68085.1.

14(1) Issuing a writ of attachment, a writ of mandate, a writ of
15execution, a writ of sale, a writ of possession, a writ of prohibition,
16or any other writ for the enforcement of any order or judgment.

17(2) Issuing an abstract of judgment.

18(3) Issuing a certificate of satisfaction of judgment under Section
19 724.100 of the Code of Civil Procedure.

20(4) Certifying a copy of any paper, record, or proceeding on file
21in the office of the clerk of any court.

22(5) Taking an affidavit, except in criminal cases or adoption
23proceedings.

24(6) Acknowledgment of any deed or other instrument, including
25the certificate.

26(7) Recording or registering any license or certificate, or issuing
27any certificate in connection with a license, required by law, for
28which a charge is not otherwise prescribed.

29(8) Issuing any certificate for which the fee is not otherwise
30fixed.

31(b) The fee for each of the following services is thirty dollars
32($30). Subject to subdivision (e), amounts collected shall be
33distributed to the Trial Court Trust Fund under Section 68085.1.

34(1) Issuing an order of sale.

35(2) Receiving and filing an abstract of judgment rendered by a
36judge of another court and subsequent services based on it, unless
37the abstract of judgment is filed under Section 704.750 or 708.160
38of the Code of Civil Procedure.

39(3) Filing a confession of judgment under Section 1134 of the
40Code of Civil Procedure.

P32   1(4) Filing an application for renewal of judgment under Section
2683.150 of the Code of Civil Procedure.

3(5) Issuing a commission to take a deposition in another state
4or place under Section 2026.010 of the Code of Civil Procedure,
5or issuing a subpoena under Section 2029.300 to take a deposition
6in this state for purposes of a proceeding pending in another
7jurisdiction.

8(6) Filing and entering an award under the Workers’
9Compensation Law (Division 4 (commencing with Section 3200)
10of the Labor Code).

11(7) Filing an affidavit of publication of notice of dissolution of
12partnership.

13(8) Filing an appeal of a determination whether a dog is
14potentially dangerous or vicious under Section 31622 of the Food
15and Agricultural Code.

16(9) Filing an affidavit under Section 13200 of the Probate Code,
17together with the issuance of one certified copy of the affidavit
18under Section 13202 of the Probate Code.

19(10) Filing and indexing all papers for which a charge is not
20elsewhere provided, other than papers filed in actions or special
21proceedings, official bonds, or certificates of appointment.

22(c) The fee for filing a first petition under Section 2029.600 or
232029.620 of the Code of Civil Procedure, if the petitioner is not a
24party to the out-of-state case, is eighty dollars ($80). Amounts
25collected shall be distributed to the Trial Court Trust Fund pursuant
26to Section 68085.1.

27(d) The fee for delivering a will to the clerk of the superior court
28in which the estate of a decedent may be administered, as required
29by Section 8200 of the Probate Code, is fifty dollars ($50).

30(e) An amount equivalent to ten dollars ($10) of each fee
31collected pursuant to subdivisions (a) and (b) shall be used by the
32Judicial Council for the expenses of the Judicial Council in
33implementing and administering the civil representation pilot
34program under Section 68651.

35

begin deleteSEC. 13.end delete
36
begin insertSEC. 14.end insert  

Section 70626 of the Government Code, as amended
37by Section 46 of Chapter 41 of the Statutes of 2012, is repealed.

38

begin deleteSEC. 14.end delete
39
begin insertSEC. 15.end insert  

The Legislature hereby finds and declares all of the
40following:

P33   1(a) The courts provide various and diverse services to the public
2that are necessary for the protection of the fundamental liberties
3of our society.

4(b) Court services are heavily subsidized by the General Fund.
5If the total cost were passed on to the user, it would result in
6prohibitively expensive fees for even minor transactions.

7(c) Traditionally, funding for many court-administered programs
8has been linked to the filing and processing of court documents.

9(d) The linking of filing fees and the allocation of amounts
10equivalent to specified percentages of those fees to various
11programs provides an accounting mechanism, as a way to estimate
12how much funding a program will receive and to direct that
13funding, and is not intended to be indicative of the actual
14distribution of the specific fees or the cost of the actual services
15provided, for which General Fund moneys are largely used.

16

begin deleteSEC. 15.end delete
17
begin insertSEC. 16.end insert  

Section 320.6 of the Penal Code is amended to read:

18

320.6.  

(a) Notwithstanding Section 320.5, this section shall
19apply to an eligible organization, as defined in subdivision (c).

20(b) A raffle conducted by an eligible organization, as defined
21in subdivision (c), for the purpose of directly supporting beneficial
22or charitable purposes or financially supporting another private,
23nonprofit eligible organization, as defined in subdivision (c) of
24Section 320.5, that performs beneficial or charitable purposes may
25be conducted in accordance with this section.

26(c) For purposes of this section, “eligible organization” means
27a private, nonprofit organization established by, or affiliated with,
28a team from the Major League Baseball, National Hockey League,
29National Basketball Association, National Football League,
30Women’s National Basketball Association, or Major League
31Soccer, or a private, nonprofit organization established by the
32Professional Golfers’ Association of America, Ladies Professional
33Golf Association, or National Association for Stock Car Auto
34Racing that has been qualified to conduct business in California
35for at least one year before conducting a raffle, is qualified for an
36exemption under Section 501(c)(3) of the Internal Revenue Code,
37and is exempt from taxation pursuant to Section 23701a, 23701b,
3823701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or
3923701w of the Revenue and Taxation Code.

P34   1(d) For purposes of this section, “raffle” means a scheme for
2the distribution of prizes by chance among persons who have paid
3money for paper tickets that provide the opportunity to win these
4prizes, in which all of the following are true:

5(1) Each ticket sold contains a unique and matching identifier.

6(2) (A) Winners of the prizes are determined by a manual draw
7from tickets described in paragraph (1) that have been sold for
8entry in the manual draw.

9(B) An electronic device may be used to sell tickets. The ticket
10receipt issued by the electronic device to the purchaser may include
11more than one unique and matching identifier, representative of
12and matched to the number of tickets purchased in a single
13transaction.

14(C) A random number generator is not used for the manual draw
15or to sell tickets.

16(D) The prize paid to the winner is comprised of one-half or 50
17percent of the gross receipts generated from the sale of raffle tickets
18for a raffle.

19(3) The manual draw is conducted in California under the
20supervision of a natural person who meets all of the following
21requirements:

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

23(B) The person is affiliated with the eligible organization
24conducting the raffle.

25(C) The person is registered with the Department of Justice
26pursuant to paragraph (4) of subdivision (o).

27(4) (A) Fifty percent of the gross receipts generated from the
28sale of raffle tickets for any given manual draw are used by the
29eligible organization conducting the raffle to benefit or provide
30support for beneficial or charitable purposes, or used to benefit
31another private, nonprofit organization, provided that an
32organization receiving these funds is itself an eligible organization
33as defined in subdivision (c) of Section 320.5. As used in this
34section, “beneficial purposes” excludes purposes that are intended
35to benefit officers, directors, or members, as defined by Section
365056 of the Corporations Code, of the eligible organization. Funds
37raised by raffles conducted pursuant to this section shall not be
38used to fund any beneficial, charitable, or other purpose outside
39of California. This section does not preclude an eligible
40organization from using funds from sources other than the sale of
P35   1raffle tickets to pay for the administration or other costs of
2conducting a raffle.

3(B) An employee of an eligible organization who is a direct
4seller of raffle tickets shall not be treated as an employee for
5purposes of workers’ compensation under Section 3351 of the
6Labor Code if the following conditions are satisfied:

7(i) Substantially all of the remuneration, whether or not paid in
8cash, for the performance of the service of selling raffle tickets is
9directly related to sales rather than to the number of hours worked.

10(ii) The services performed by the person are performed pursuant
11to a written contract between the seller and the eligible organization
12and the contract provides that the person will not be treated as an
13employee with respect to the selling of raffle tickets for workers’
14compensation purposes.

15(C) For purposes of this section, an employee selling raffle
16tickets shall be deemed to be a direct seller as described in Section
17650 of the Unemployment Insurance Code as long as he or she
18meets the requirements of that section.

19(e) A person who receives compensation in connection with the
20operation of the raffle shall be an employee of the eligible
21organization that is conducting the raffle, and in no event may
22compensation be paid from revenues required to be dedicated to
23beneficial or charitable purposes.

24(f) A raffle ticket shall not be sold in exchange for Bitcoin or
25any other cryptocurrency.

26(g) A raffle otherwise permitted under this section shall not be
27conducted by means of, or otherwise utilize, any gaming machine
28that meets the definition of slot machine contained in Section 330a,
29330b, or 330.1.

30(h) (1) A raffle otherwise permitted under this section shall not
31be conducted, nor may tickets for a raffle be sold, within an
32operating satellite wagering facility or racetrack inclosure licensed
33pursuant to the Horse Racing Law (Chapter 4 (commencing with
34Section 19400) of Division 8 of the Business and Professions Code)
35or within a gambling establishment licensed pursuant to the
36Gambling Control Act (Chapter 5 (commencing with Section
3719800) of Division 8 of the Business and Professions Code).

38(2) A raffle shall not be operated or conducted in any manner
39over the Internet, nor may raffle tickets be sold, traded, or redeemed
40over the Internet. For purposes of this paragraph, an eligible
P36   1organization shall not be deemed to operate or conduct a raffle
2over the Internet, or sell raffle tickets over the Internet, if the
3eligible organization advertises its raffle on the Internet or permits
4others to do so. Information that may be conveyed on an Internet
5Web site pursuant to this paragraph includes, but is not limited to,
6all of the following:

7(A) Lists, descriptions, photographs, or videos of the raffle
8prizes.

9(B) Lists of the prize winners.

10(C) The rules of the raffle.

11(D) Frequently asked questions and their answers.

12(E) Raffle entry forms, which may be downloaded from the
13Internet Web site for manual completion by raffle ticket purchasers,
14but shall not be submitted to the eligible organization through the
15Internet.

16(F) Raffle contact information, including the eligible
17organization’s name, address, telephone number, facsimile number,
18or email address.

19(i) An individual, corporation, partnership, or other legal entity
20shall not hold a financial interest in the conduct of a raffle, except
21the eligible organization that is itself authorized to conduct that
22raffle, and any private, nonprofit, eligible organizations receiving
23financial support from that charitable organization pursuant to
24subdivisions (b) and (d).

25(j) (1) An eligible organization may conduct a major league
26sports raffle only at a home game.

27(2) An eligible organization shall not conduct more than one
28major league sports raffle per home game.

29(k) An employee shall not sell raffle tickets in any seating area
30designated as a family section.

31(l) An eligible organization shall disclose to all ticket purchasers
32the designated private, nonprofit, eligible organization for which
33the raffle is being conducted.

34(m) An eligible organization that conducts a raffle to financially
35support another private, nonprofit eligible organization, as defined
36in subdivision (c) of Section 320.5, shall distribute all proceeds
37not paid out to the winners of the prizes to the private, nonprofit
38organization within 15 days of conducting the raffle, in accordance
39with this section.

P37   1(n) Any raffle prize remaining unclaimed by a winner at the end
2of the season for a team with an affiliated eligible organization
3that conducted a raffle to financially support another private,
4nonprofit eligible organization, as defined in subdivision (c) of
5Section 320.5, shall be donated within 30 days from the end of the
6season by the eligible organization to the designated private,
7nonprofit organization for which the raffle was conducted.

8(o) (1) (A) An eligible organization shall not conduct a raffle
9authorized under this section, unless it has a valid registration
10issued by the Department of Justice. The department shall furnish
11a registration form via the Internet or upon request to eligible
12nonprofit organizations. The department shall, by regulation, collect
13only the information necessary to carry out the provisions of this
14section on this form. This information shall include, but is not
15limited to, the following:

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

17(ii) The federal tax identification number, the corporate number
18issued by the Secretary of State, the organization number issued
19by the Franchise Tax Board, or the California charitable trust
20identification number of the eligible organization.

21(iii) The name and title of a responsible fiduciary of the
22organization.

23(B) (i) The department may require an eligible organization to
24pay a minimum annual registration fee of five thousand dollars
25($5,000) to cover the reasonable costs of the department to
26administer and enforce this section.

27(ii) An eligible organization shall pay, in addition to the annual
28registration application fee, one hundred dollars ($100) for every
29individual raffle conducted at an eligible location to cover the
30reasonable costs of the department to administer and enforce this
31section. This fee shall be submitted in conjunction with the annual
32registration form.

33(2) (A) A manufacturer or distributor of raffle-related products
34or services shall not conduct business with an eligible organization
35for purposes of conducting a raffle pursuant to this section unless
36the manufacturer or distributor has a valid annual registration
37issued by the department.

38(B) The department may require a manufacturer or distributor
39of raffle-related products or services to pay a minimum annual
40registration fee of five thousand dollars ($5,000) to cover the
P38   1reasonable costs of the department to administer and enforce this
2section.

3(3) An eligible organization shall register the equipment used
4in the sale and distribution of raffle tickets, and shall have the
5equipment tested by an independent gaming testing lab.

6(4) (A) A person affiliated with an eligible organization who
7conducts the manual draw shall annually register with the
8department.

9(B) The department may require a person affiliated with an
10eligible organization who conducts the manual draw to pay a
11minimum annual registration fee of ten dollars ($10) to cover the
12reasonable costs of the department to administer and enforce this
13section.

14(5) (A) The department may, by regulation, adjust the annual
15registration fees described in this section as needed to ensure that
16revenues will fully offset, but not exceed, the reasonable costs
17incurred by the department pursuant to this section. The fees shall
18be deposited by the department into the Major League Sporting
19Event Raffle Fund, which is hereby created in the State Treasury.

20(B) A loan is hereby authorized from the General Fund to the
21Major League Sporting Event Raffle Fund on or after July 1, 2016,
22in an amount of up to one million five thousand dollars
23($1,005,000) to address department workload related to the initial
24implementation activities relating to this section by the
25department’s Indian and Gaming Law Section. The terms and
26conditions of the loan shall first be approved by the Department
27of Finance pursuant to appropriate fiscal standards. The loan shall
28be subject to all of the following conditions:

29(i) Of the total amount loaned, no more than three hundred
30thirty-five thousand dollars ($335,000) shall be provided annually
31to the department.

32(ii) The loan shall be repaid to the General Fund as soon as there
33is sufficient money in the Major League Sporting Event Raffle
34Fund to repay the loan, but no later than December 31, 2018.

35(iii) Interest on the loan shall be paid from the Major League
36Sporting Event Raffle Fund at the rate accruing to moneys in the
37Pooled Money Investment Account.

38(6) The department shall receive moneys for the costs incurred
39pursuant to this section subject to an appropriation by the
40Legislature.

P39   1(7) The department shall adopt, on or before June 1, 2016,
2regulations necessary to effectuate this section, including
3emergency regulations, pursuant to the Administrative Procedure
4Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
5Division 3 of Title 2 of the Government Code).

6(8) The department shall maintain an automated database of all
7registrants.

8(9) A local law enforcement agency shall notify the department
9of any arrests or investigation that may result in an administrative
10or criminal action against a registrant.

11(10) The department may investigate all suspected violations
12of this section or any regulation adopted pursuant to this section,
13or any activity that the registrant has engaged in that is not in the
14best interests of the public’s health, safety, or general welfare as
15it pertains to charitable raffles.

16(11) The department may audit the records and other documents
17of a registrant to ensure compliance with this section, and may
18charge a registrant the direct costs associated with an audit
19conducted pursuant to this paragraph.

20(12) (A) Once registered, an eligible organization shall file
21annually thereafter with the department a report that includes all
22of the following information for each of the eligible organization’s
23last three fiscal years:

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

25(ii) The aggregate direct costs incurred by the eligible
26organization from the operation of raffles.

27(iii) The charitable or beneficial purposes for which proceeds
28of the raffles were used.

29(iv) The aggregate distributions of proceeds from the operation
30of raffles made to directly support beneficial or charitable purposes,
31other than beneficial or charitable purposes undertaken by the
32eligible organization, or eligible recipient organizations, under
33subdivision (c) of Section 320.5.

34(v) The aggregate distributions of proceeds from the operation
35of raffles made to raffle winners.

36(vi) The aggregate distributions of proceeds from the operation
37of raffles made to any other organizations, or for any other
38purposes, other than those included in clauses (ii), (iv), and (v).

39(vii) A schedule of distributions of proceeds from the operation
40of raffles, by individual raffle, made to eligible recipient
P40   1organizations under subdivision (c) of Section 320.5 that are not
2affiliated with the eligible organization.

3(viii) A schedule of distributions of proceeds from the operation
4of raffles, by individual raffle, made to eligible recipient
5organizations under subdivision (c) of Section 320.5 that are
6affiliated with the eligible organization.

7(ix) A schedule of distributions of proceeds from the operation
8of raffles, by individual raffle, made to any other organization not
9included under clause (vii) or (viii), or for beneficial or charitable
10purposes undertaken by the eligible organization.

11(x) The aggregate gross receipts from activities other than the
12operation of raffles.

13(xi) The aggregate costs incurred by the eligible organization
14from activities other than the operation of raffles.

15(xii) The aggregate distributions of funds other than proceeds
16from the operation of raffles made to directly support beneficial
17or charitable purposes or eligible recipient organizations under
18subdivision (c) of Section 320.5.

19(xiii) The aggregate distributions of funds other than proceeds
20from the operation of raffles for purposes other than those listed
21in clauses (xi) and (xii).

22(xiv) A schedule of distributions of funds other than proceeds
23from the operation of raffles made to eligible recipient
24organizations under subdivision (c) of Section 320.5 that are not
25affiliated with the eligible organization.

26(xv) A schedule of distributions of funds other than proceeds
27from the operation of raffles made to any other organization not
28included under clause (xiv), or for beneficial or charitable purposes
29undertaken by the eligible organization.

30(B) Failure to submit the annual report to the department as
31required in this paragraph shall be grounds for denial of an annual
32registration.

33(C) The department shall make the reports required by this
34paragraph available to the public via the online search portal of
35the Attorney General’s Registry of Charitable Trusts maintained
36pursuant to Section 12584 of the Government Code.

37(13) The department shall annually furnish to registrants a form
38to collect this information.

39(p) The department may take legal action against a registrant if
40it determines that the registrant has violated this section or a
P41   1regulation adopted pursuant to this section, or that the registrant
2has engaged in any conduct that is not in the best interests of the
3public’s health, safety, or general welfare. An action taken pursuant
4to this subdivision does not prohibit the commencement of an
5administrative or criminal action by the Attorney General, a district
6attorney, city attorney, or county counsel.

7(q) An action and hearing conducted to deny, revoke, or suspend
8a registry, or other administrative action taken against a registrant,
9shall be conducted pursuant to the Administrative Procedure Act
10(Chapters 4.5 (commencing with Section 11400) and 5
11(commencing with Section 11500) of Part 1 of Division 3 of Title
122 of the Government Code). The department may seek civil
13remedies, including imposing fines, for violations of this section,
14and may seek recovery of the costs incurred in investigating or
15prosecuting an action against a registrant or applicant in accordance
16with those procedures specified in Section 125.3 of the Business
17and Professions Code. A proceeding conducted under this
18subdivision is subject to judicial review pursuant to Section 1094.5
19of the Code of Civil Procedure. A violation of this section shall
20not constitute a crime.

21(r) This section shall remain in effect only until December 31,
222018, and as of that date is repealed, unless a later enacted statute,
23that is enacted before December 31, 2018, deletes or extends that
24date.

25

begin deleteSEC. 16.end delete
26
begin insertSEC. 17.end insert  

Chapter 2.92 (commencing with Section 1001.85) is
27added to Title 6 of Part 2 of the Penal Code, to read:

28 

29Chapter  2.92. Law Enforcement Assisted Diversion
30(LEAD) Pilot Program
31

 

32

1001.85.  

(a) The Law Enforcement Assisted Diversion (LEAD)
33pilot program is hereby established. The purpose of the LEAD
34program is to improve public safety and reduce recidivism by
35increasing the availability and use of social service resources while
36reducing costs to law enforcement agencies and courts stemming
37from repeated incarceration.

38(b) LEAD pilot programs shall be consistent with the following
39principles, implemented to address and reflect the priorities of the
40community in which the program exists:

P42   1(1) Providing intensive case management services and an
2individually tailored intervention plan that acts as a blueprint for
3assisting LEAD participants.

4(2) Prioritizing temporary and permanent housing that includes
5individualized supportive services, without preconditions of drug
6or alcohol treatment or abstinence from drugs or alcohol.

7(3) Employing human and social service resources in
8coordination with law enforcement in a manner that improves
9individual outcomes and community safety, and promotes
10community wellness.

11(4) Participation in LEAD services shall be voluntary throughout
12the duration of the program and shall not require abstinence from
13drug or alcohol use as a condition of continued participation.

14

1001.86.  

(a) The LEAD program shall be administered by the
15Board of State and Community Corrections.

16(b) The board shall award grants, on a competitive basis, to up
17to three jurisdictions as authorized by this chapter. The board shall
18establish minimum standards, funding schedules, and procedures
19for awarding grants, which shall take into consideration, but not
20be limited to, all of the following:

21(1) Information from the applicant demonstrating a clear
22understanding of the program’s purpose and the applicant’s
23willingness and ability to implement the LEAD program as
24described in this chapter.

25(2) Key local partners who would be committed to, and involved
26in, the development and successful implementation of a LEAD
27program, including, but not limited to, balanced representation
28from law enforcement agencies, prosecutorial agencies, public
29defenders and defense counsel, public health and social services
30agencies, case management service providers, and any other entities
31identified by the applicant as integral to the successful
32implementation of a LEAD program in the jurisdiction.

33(3) The jurisdiction’s capacity and commitment to coordinate
34social services, law enforcement efforts, and justice system
35decisionmaking processes, and to work to ensure that the
36discretionary decisions made by each participant in the
37administration of the program operates in a manner consistent with
38 the purposes of this chapter.

P43   1(c) Successful grant applicants shall collect and maintain data
2pertaining to the effectiveness of the program as indicated by the
3board in the request for proposals.

4

1001.87.  

(a) LEAD programs funded pursuant to this chapter
5shall consist of a strategy of effective intervention for eligible
6participants consistent with the following gateways to services:

7(1) Prebooking referral. As an alternative to arrest, a law
8enforcement officer may take or refer a person for whom the officer
9has probable cause for arrest for any of the offenses in subdivision
10(b) to a case manager to be screened for immediate crisis services
11and to schedule a complete assessment intake interview.
12Participation in LEAD diversion shall be voluntary, and the person
13may decline to participate in the program at any time. Criminal
14charges based on the conduct for which a person is diverted to
15LEAD shall not be filed, provided that the person finishes the
16complete assessment intake interview within a period set by the
17local jurisdictional partners, but not to exceed 30 days after the
18referral.

19(2) Social contact referral. A law enforcement officer may refer
20an individual to LEAD whom he or she believes is at high risk of
21arrest in the future for any of the crimes specified in subdivision
22(b), provided that the individual meets the criteria specified in this
23paragraph and expresses interest in voluntarily participating in the
24program. LEAD may accept these referrals if the program has
25capacity after responding to prebooking diversion referrals
26described in paragraph (1). All social contact referrals to LEAD
27shall meet the following criteria:

28(A) Verification by law enforcement that the individual has had
29prior involvement with low-level drug activity or prostitution.
30Verification shall consist of any of the following:

31(i) Criminal history records, including, but not limited to, prior
32police reports, arrests, jail bookings, criminal charges, or
33convictions indicating that he or she was engaged in low-level
34drug or prostitution activity.

35(ii) Law enforcement has directly observed the individual’s
36low-level drug or prostitution activity on prior occasions.

37(iii) Law enforcement has a reliable basis of information to
38believe that the individual is engaged in low-level drug or
39prostitution activity, including, but not limited to, information
P44   1provided by another first responder, a professional, or a credible
2community member.

3(B) The individual’s prior involvement with low-level drug or
4prostitution activity occurred within the LEAD pilot program area.

5(C) The individual’s prior involvement with low-level drug or
6prostitution activity occurred within 24 months of the date of
7referral.

8(D) The individual does not have a pending case in drug court
9or mental health court.

10(E) The individual is not prohibited, by means of an existing
11no-contact order, temporary restraining order, or antiharassment
12order, from making contact with a current LEAD participant.

13(b) The following offenses are eligible for either prebooking
14diversion, social contact referral, or both:

15(1) Possession for sale or transfer of a controlled substance or
16other prohibited substance where the circumstances indicate that
17the sale or transfer is intended to provide a subsistence living or
18to allow the person to obtain or afford drugs for his or her own
19consumption.

20(2) Sale or transfer of a controlled substance or other prohibited
21substance where the circumstances indicate that the sale or transfer
22is intended to provide a subsistence living or to allow the person
23to obtain or afford drugs for his or her own consumption.

24(3) Possession of a controlled substance or other prohibited
25substance.

26(4) Being under the influence of a controlled substance or other
27prohibited substance.

28(5) Being under the influence of alcohol and a controlled
29substance or other prohibited substance.

30(6) Prostitution pursuant to subdivision (b) of Section 647.

31

1001.88.  

(a) Services provided pursuant to this chapter may
32include, but are not limited to, case management, housing, medical
33care, mental health care, treatment for alcohol or substance use
34disorders, nutritional counseling and treatment, psychological
35counseling, employment, employment training and education, civil
36legal services, and system navigation. Grant funding may be used
37to support any of the following:

38(1) Project management and community engagement.

39(2) Temporary services and treatment necessary to stabilize a
40participant’s condition, including necessary housing.

P45   1(3) Outreach and direct service costs for services described in
2this section.

3(4) Civil legal services for LEAD participants.

4(5) Dedicated prosecutorial resources, including for coordinating
5any nondiverted criminal cases of LEAD participants.

6(6) Dedicated law enforcement resources, including for overtime
7required for participation in operational meetings and training.

8(7) Training and technical assistance from experts in the
9implementation of LEAD in other jurisdictions.

10(8) Collecting and maintaining the data necessary for program
11evaluation.

12(b) (1) The board shall contract with a nonprofit research entity,
13university, or college to evaluate the effectiveness of the LEAD
14program. The evaluation design shall include measures to assess
15the cost-benefit outcomes of LEAD programs compared to booking
16and prosecution, and may include evaluation elements such as
17comparing outcomes for LEAD participants to similarly situated
18offenders who are arrested and booked, the number of jail
19bookings, total number of jail days, the prison incarceration rate,
20subsequent felony and misdemeanor arrests or convictions, and
21costs to the criminal justice and court systems. Savings will be
22compared to costs of LEAD participation. By January 1, 2020, a
23report of the findings shall be submitted to the Governor and the
24Legislature pursuant to Section 9795 of the Government Code.

25(2) The requirement for submitting a report pursuant to this
26subdivision is inoperative on January 1, 2024, pursuant to Section
2710231.5 of the Government Code.

28(c) The board may contract with experts in the implementation
29of LEAD in other jurisdictions for the purpose of providing
30technical assistance to participating jurisdictions.

31(d) The sum of fifteen million dollars ($15,000,000) is hereby
32appropriated from the General Fund for the LEAD pilot program
33authorized in this chapter. The board may spend up to five hundred
34fifty thousand dollars ($550,000) of the amount appropriated in
35this subdivision for the contracts authorized in subdivisions (b)
36and (c).

37

begin deleteSEC. 17.end delete
38
begin insertSEC. 18.end insert  

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

39

2694.5.  

(a) The Department of Corrections and Rehabilitation,
40under the oversight of the Undersecretary of Health Care Services,
P46   1shall establish a three-year pilot program at one or more institutions
2that will provide a medically assisted substance use disorder
3treatment model for treatment of inmates with a history of
4substance use problems. The program shall offer a continuum of
5evidenced-based care that is designed to meet the needs of the
6persons being served and that is appropriate for a correctional
7setting. In establishing the program, the department shall consider
8all of the following:

9(1) Access to services during an inmate’s enrollment in the pilot
10program.

11(2) Access to subacute detoxification and medical detoxification,
12as necessary.

13(3) Comprehensive pretreatment and posttreatment assessments.

14(4) Ongoing evaluation of an inmate’s program needs and
15progress at least every 90 days, and appropriate adjustment of
16treatment based on that evaluation.

17(5) Services provided by professionals for whom substance use
18disorder treatment is within the scope of their practice.

19(6) Referrals for medically assisted care and prescription of
20medication-assisted treatment.

21(7) Provision of behavioral health services, including the
22capacity to treat cooccurring mental illness.

23(8) Access to medication-assisted treatment throughout the
24period of incarceration up to and including immediately prior to
25release.

26(9) Linkages to community-based treatment upon parole.

27(b) (1) The department shall report to the fiscal and appropriate
28policy committees of the Legislature on March 1, 2017, and each
29March 1 thereafter during the tenure of the pilot project. The report
30shall include all of the following elements:

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

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

33(C) The number of persons who leave the treatment program
34against medical advice and the number of persons who are
35discharged from the program prior to achieving their treatment
36goals.

37(D) The percentage of participants with negative urine
38toxicology screens for illicit substances during treatment and
39post-treatment while incarcerated.

P47   1(E) The number of persons who are successfully linked to
2postrelease treatment.

3(2) (A) The requirement for submitting a report imposed under
4this subdivision is inoperative on March 1, 2025, pursuant to
5Section 10231.5 of the Government Code.

6(B) A report to be submitted pursuant to this subdivision shall
7be submitted in compliance with Section 9795 of the Government
8Code.

9

begin deleteSEC. 18.end delete
10
begin insertSEC. 19.end insert  

Section 2910 of the Penal Code, as amended by
11Section 13 of Chapter 310 of the Statutes of 2013, is amended to
12read:

13

2910.  

(a) The Secretary of the Department of Corrections and
14Rehabilitation may enter into an agreement with a city, county, or
15city and county to permit transfer of prisoners in the custody of
16the secretary to a jail or other adult correctional facility of the city,
17county, or city and county, if the sheriff or corresponding official
18having jurisdiction over the facility has consented thereto. The
19agreement shall provide for contributions to the city, county, or
20city and county toward payment of costs incurred with reference
21to such transferred prisoners.

22(b) For purposes of this section, a transfer of prisoners under
23subdivision (a) may include inmates who have been sentenced to
24the department but remain housed in a county jail. These prisoners
25shall be under the sole legal custody and jurisdiction of the sheriff
26or corresponding official having jurisdiction over the facility and
27shall not be under the legal custody or jurisdiction of the
28Department of Corrections and Rehabilitation.

29(c) Notwithstanding any other law, for purposes of entering into
30agreements under subdivision (a), any process, regulation,
31requirement, including any state governmental reviews or
32approvals, or third-party approval that is required under, or
33implemented pursuant to, any statute that relates to entering into
34those agreements is hereby waived.

35(d) When an agreement entered into pursuant to subdivision (a)
36or (c) is in effect with respect to a particular local facility, the
37secretary may transfer prisoners whose terms of imprisonment
38have been fixed and parole violators to the facility.

P48   1(e) Prisoners so transferred to a local facility may, with notice
2to the secretary, participate in programs of the facility, including,
3but not limited to, work furlough rehabilitation programs.

4(f) The secretary, to the extent possible, shall select city, county,
5or city and county facilities in areas where medical, food, and other
6support services are available from nearby existing prison facilities.

7(g) The secretary, with the approval of the Department of
8General Services, may enter into an agreement to lease state
9property for a period not in excess of 20 years to be used as the
10site for a facility operated by a city, county, or city and county
11authorized by this section.

12(h) This section shall remain in effect only until January 1, 2020,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2020, deletes or extends that date.

15

begin deleteSEC. 19.end delete
16
begin insertSEC. 20.end insert  

Section 2910 of the Penal Code, as added by Section
1714 of Chapter 310 of the Statutes of 2013, is amended to read:

18

2910.  

(a) The Secretary of the Department of Corrections and
19Rehabilitation may enter into an agreement with a city, county, or
20city and county to permit transfer of prisoners in the custody of
21the secretary to a jail or other adult correctional facility of the city,
22county, or city and county, if the sheriff or corresponding official
23having jurisdiction over the facility has consented thereto. The
24agreement shall provide for contributions to the city, county, or
25city and county toward payment of costs incurred with reference
26to such transferred prisoners.

27(b) When an agreement entered into pursuant to subdivision (a)
28is in effect with respect to a particular local facility, the secretary
29may transfer prisoners whose terms of imprisonment have been
30fixed and parole violators to the facility.

31(c) Prisoners so transferred to a local facility may, with approval
32of the secretary, participate in programs of the facility, including,
33but not limited to, work furlough rehabilitation programs.

34(d) Prisoners transferred to such facilities are subject to the rules
35and regulations of the facility in which they are confined, but
36remain under the legal custody of the Department of Corrections
37and Rehabilitation and shall be subject at any time, pursuant to the
38rules and regulations of the secretary, to be detained in the county
39jail upon the exercise of a state parole or correctional officer’s
40peace officer powers, as specified in Section 830.5, with the
P49   1consent of the sheriff or corresponding official having jurisdiction
2over the facility.

3(e) The secretary, to the extent possible, shall select city, county,
4or city and county facilities in areas where medical, food, and other
5support services are available from nearby existing prison facilities.

6(f) The secretary, with the approval of the Department of
7General Services, may enter into an agreement to lease state
8property for a period not in excess of 20 years to be used as the
9site for a facility operated by a city, county, or city and county
10authorized by this section.

11(g) An agreement shall not be entered into under this section
12unless the cost per inmate in the facility is no greater than the
13average costs of keeping an inmate in a comparable facility of the
14department, as determined by the secretary.

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

16

begin deleteSEC. 20.end delete
17
begin insertSEC. 21.end insert  

Section 2915 of the Penal Code is amended to read:

18

2915.  

(a) The Secretary of the Department of Corrections and
19Rehabilitation may enter into one or more agreements to obtain
20secure housing capacity within the state. These agreements may
21be entered into with private entities and may be in the form of a
22lease or an operating agreement. The secretary may procure and
23enter these agreements on terms and conditions he or she deems
24necessary and appropriate. Notwithstanding any other law, any
25process, regulation, requirement, including any state governmental
26reviews or approvals, or third-party approval that is required under
27statutes that relate to the procurement and implementation of those
28agreements is hereby waived, however, no agreement shall contain
29terms, either directly or indirectly, that involve the repayment of
30any debt issuance or other financing and, consistent with state law,
31shall provide that payment of that agreement is subject to
32appropriation.

33(b) The Secretary of the Department of Corrections and
34Rehabilitation may enter into one or more agreements to obtain
35secure housing capacity in another state. These agreements may
36be entered into with private entities and may be in the form of an
37operating agreement or other contract. The secretary may procure
38and enter these agreements on terms and conditions he or she
39deems necessary and appropriate. Notwithstanding any other law,
40any process, regulation, requirement, including any state
P50   1governmental reviews or approvals, or third-party approval that
2is required under statutes that relate to the procurement and
3implementation of those agreements is hereby waived, however,
4no agreement shall contain terms, either directly or indirectly, that
5involve the repayment of any debt issuance or other financing and,
6consistent with state law, shall provide that payment of that
7agreement is subject to appropriation. This subdivision does not
8authorize the department to operate a facility out of state.

9(c) The provisions of Division 13 (commencing with Section
1021000) of the Public Resources Code do not apply to this section.

11(d) This section shall remain in effect only until January 1, 2020,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2020, deletes or extends that date.

14

begin deleteSEC. 21.end delete
15
begin insertSEC. 22.end insert  

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

16

5027.  

(a) Upon appropriation by the Legislature in the annual
17Budget Act, the Department of Corrections and Rehabilitation
18shall award funding for an innovative grant program to
19not-for-profit organizations to replicate their programs at
20institutions that the Director of the Division of Rehabilitative
21Programs has determined are underserved by volunteer and
22not-for-profit organizations. The director shall develop a formula
23for identifying target institutions based upon factors including, but
24not limited to, number of volunteers, number of inmates, number
25of volunteer-based programs, and the size of waiting lists for
26inmates wanting to participate in programs.

27(b) Grant funding shall be provided to not-for-profit
28organizations wishing to expand programs that they are currently
29providing in other California state prisons that have demonstrated
30success and focus on offender responsibility and restorative justice
31principles. The grants shall be awarded for a three-year period and
32are designed to be one time in nature. The grants shall go to
33programs that demonstrate that they will become self-sufficient
34or will be funded in the long term by donations or another source
35of ongoing funding. All funding shall go directly to the
36not-for-profit organizations and shall not be used for custody staff
37or administration of the grant. Any unspent funds shall revert to
38the fund source authorized for this purpose at the end of three
39years.

P51   1(c) On or before January 1 of each year, the department shall
2report to the budget committees and public safety committees in
3both houses of the Legislature on the following information from
4the previous fiscal year’s grants:

5(1) The number of grants provided.

6(2) The institutions receiving grants.

7(3) A description of each program and level of funding provided,
8organized by institution.

9(4) The start date of each program.

10(5) Any feedback from inmates participating in the programs
11on the value of the programs.

12(6) Any feedback from the program providers on their
13experience with each institution.

14(7) The number of participants participating in each program.

15(8) The number of participants completing each program.

16(9) Waiting lists, if any, for each program.

17

begin deleteSEC. 22.end delete
18
begin insertSEC. 23.end insert  

Section 5032 of the Penal Code is repealed.

19

begin deleteSEC. 23.end delete
20
begin insertSEC. 24.end insert  

Section 5075 of the Penal Code is amended to read:

21

5075.  

(a)  Commencing July 1, 2005, there is hereby created
22the Board of Parole Hearings. As of July 1, 2005, any reference
23to the Board of Prison Terms in this or any other code refers to the
24Board of Parole Hearings. As of that date, the Board of Prison
25Terms is abolished.

26(b) The Governor shall appoint 14 commissioners, subject to
27Senate confirmation, pursuant to this section. These commissioners
28shall be appointed and trained to hear only adult matters. The terms
29of the commissioners shall expire as follows: eight on July 1, 2007,
30and nine on July 1, 2008. Successor commissioners shall hold
31office for terms of three years, each term to commence on the
32expiration date of the predecessor. Any appointment to a vacancy
33that occurs for any reason other than expiration of the term shall
34be for the remainder of the unexpired term. Commissioners are
35eligible for reappointment. The selection of persons and their
36appointment by the Governor and confirmation by the Senate shall
37reflect as nearly as possible a cross section of the racial, sexual,
38economic, and geographic features of the population of the state.

39(c) The chair of the board shall be designated by the Governor
40 periodically. The Governor may appoint an executive officer of
P52   1the board, subject to Senate confirmation, who shall hold office
2at the pleasure of the Governor. The executive officer shall be the
3administrative head of the board and shall exercise all duties and
4functions necessary to insure that the responsibilities of the board
5are successfully discharged. The secretary shall be the appointing
6authority for all civil service positions of employment with the
7board.

8(d) Each commissioner shall participate in hearings on each
9workday, except when it is necessary for a commissioner to attend
10training, en banc hearings or full board meetings, or other
11administrative business requiring the participation of the
12commissioner. For purposes of this subdivision, these hearings
13shall include parole consideration hearings, parole rescission
14hearings, and parole progress hearings.

15

begin deleteSEC. 24.end delete
16
begin insertSEC. 25.end insert  

Section 5075.1 of the Penal Code is amended to read:

17

5075.1.  

The Board of Parole Hearings shall do all of the
18following:

19(a) Conduct parole consideration hearings, parole rescission
20hearings, and parole progress hearings for adults under the
21jurisdiction of the department.

22(b) Conduct mentally disordered offender hearings.

23(c) Conduct sexually violent predator hearings.

24(d) Review inmates’ requests for reconsideration of denial of
25good-time credit and setting of parole length or conditions, pursuant
26to Section 5077.

27(e) Determine revocation of parole for adult offenders under
28the jurisdiction of the Division of Adult Parole Operations, pursuant
29to Section 5077.

30(f) Conduct studies pursuant to Section 3150 of the Welfare and
31Institutions Code.

32(g) Investigate and report on all applications for reprieves,
33pardons, and commutation of sentence, as provided in Title 6
34(commencing with Section 4800) of Part 3.

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

36(i) Effective January 1, 2007, all commissioners appointed and
37trained to hear juvenile parole matters, together with their duties
38prescribed by law as functions of the Board of Parole Hearings
39concerning wards under the jurisdiction of the Department of
40Corrections and Rehabilitation, are transferred to the Director of
P53   1the Division of Juvenile Justice. All applicable regulations in effect
2at the time of transfer shall be deemed to apply to those
3commissioners until new regulations are adopted.

4

begin deleteSEC. 25.end delete
5
begin insertSEC. 26.end insert  

Section 5075.6 of the Penal Code is amended to read:

6

5075.6.  

(a) Commissioners and deputy commissioners hearing
7matters concerning adults under the jurisdiction of the Department
8of Corrections and Rehabilitation shall have a broad background
9in criminal justice and an ability for appraisal of adult offenders,
10the crimes for which those persons are committed, and the
11evaluation of an individual’s progress toward reformation. Insofar
12as practicable, commissioners and deputy commissioners shall
13have a varied interest in adult correction work, public safety, and
14shall have experience or education in the fields of corrections,
15 sociology, law, law enforcement, medicine, mental health, or
16education.

17(b) All commissioners and deputy commissioners who conduct
18hearings for the purpose of considering the parole suitability of
19inmates, the setting of a parole release date for inmates, or the
20revocation of parole for adult parolees, shall, within 60 days of
21appointment and annually thereafter undergo a minimum of 40
22hours of training in the following areas:

23(1) Treatment and training programs provided to inmates at
24Department of Corrections and Rehabilitation institutions,
25including, but not limited to, educational, vocational, mental health,
26medical, substance abuse, psychotherapeutic counseling, and sex
27offender treatment programs.

28(2) Parole services.

29(3) Commissioner duties and responsibilities.

30(4) Knowledge of laws and regulations applicable to conducting
31parole hearings, including the rights of victims, witnesses, and
32inmates.

33

begin deleteSEC. 26.end delete
34
begin insertSEC. 27.end insert  

Section 5076.1 of the Penal Code is amended to read:

35

5076.1.  

(a) The board shall meet at each of the state prisons
36and facilities under the jurisdiction of the Division of Adult
37Institutions. Meetings shall be held at whatever times may be
38necessary for a full and complete study of the cases of all inmates
39whose matters are considered. Other times and places of meeting
40may also be designated by the board. Each commissioner of the
P54   1board shall receive his or her actual necessary traveling expenses
2incurred in the performance of his or her official duties. Where
3the board performs its functions by meeting en banc in either public
4or executive sessions to decide matters of general policy, at least
5seven members shall be present, and no action shall be valid unless
6it is concurred in by a majority vote of those present.

7(b) The board may use deputy commissioners to whom it may
8assign appropriate duties, including hearing cases and making
9decisions. Those decisions shall be made in accordance with
10policies approved by a majority of the total membership of the
11board.

12(c) The board may meet and transact business in panels. Each
13panel shall consist of two or more persons, subject to subdivision
14(d) of Section 3041. No action shall be valid unless concurred in
15by a majority vote of the persons present. In the event of a tie vote,
16the matter shall be referred to a randomly selected committee,
17comprised of a majority of the commissioners specifically
18 appointed to hear adult parole matters and who are holding office
19at the time.

20(d) Consideration of parole release for persons sentenced to life
21imprisonment pursuant to subdivision (b) of Section 1168 shall
22be heard by a panel of two or more commissioners or deputy
23commissioners, of which only one may be a deputy commissioner.
24A recommendation for recall of a sentence under subdivisions (d)
25and (e) of Section 1170 shall be made by a panel, a majority of
26whose commissioners are commissioners of the Board of Parole
27Hearings.

28

begin deleteSEC. 27.end delete
29
begin insertSEC. 28.end insert  

Section 6025.1 of the Penal Code is amended to read:

30

6025.1.  

(a) Members of the board, with the exception of the
31Chair of the Board of State and Community Corrections, shall
32receive no compensation, but shall be reimbursed for their actual
33and necessary travel expenses incurred in the performance of their
34duties. For purposes of compensation, attendance at meetings of
35the board shall be deemed performance by a member of the duties
36of his or her state or local governmental employment.

37(b) For the purposes of Section 1090 of the Government Code,
38members of a committee created by the board pursuant to Section
396046.3 or a committee created with the primary purpose of
40administering grant funding from the Edward Byrne Memorial
P55   1Justice Assistance Grant Program (42 U.S.C. Sec. 3751(a)),
2including a member of the board in his or her capacity as a member
3of a committee created by the board, have no financial interest in
4any contract made by the board, including a grant or bond financing
5transaction, based upon the receipt of compensation for holding
6public office or public employment.

7(c) The Chair of the Board of State and Community Corrections
8shall serve full time. The Department of Human Resources shall
9fix the compensation of the Chair of the Board of State and
10Community Corrections.

11(d) The amendments to this section by the act that added this
12subdivision are effective for grant awards made by the board on
13or after July 1, 2016.

14

begin deleteSEC. 28.end delete
15
begin insertSEC. 29.end insert  

Section 6250.2 of the Penal Code is amended to read:

16

6250.2.  

(a) The Secretary of the Department of Corrections
17and Rehabilitation may enter into agreements for the transfer of
18prisoners to, or placement of prisoners in, community correctional
19centers. The secretary may enter into contracts to provide housing,
20sustenance, and supervision for inmates placed in community
21correctional centers.

22(b) Notwithstanding any other law, for the purposes of entering
23into agreements under subdivision (a), any process, regulation,
24requirement, including any state government reviews or approvals,
25or third-party approval that is required under, or implemented
26pursuant to, any statute that relates to entering into those
27agreements is hereby waived.

28(c) This section shall remain in effect only until January 1, 2020,
29and as of that date is repealed, unless a later enacted statute, that
30is enacted before January 1, 2020, deletes or extends that date.

31

begin deleteSEC. 29.end delete
32
begin insertSEC. 30.end insert  

Section 6258.1 of the Penal Code is amended to read:

33

6258.1.  

An inmate shall not be transferred to a community
34correctional reentry facility unless all of the following conditions
35are met:

36(a) The inmate applies for a transfer to a community correctional
37reentry facility.

38(b) The inmate is not currently serving a sentence for conviction
39of any offense described in subdivision (c) of Section 667.5.

P56   1(c) The inmate has less than one year left to serve in a
2correctional facility.

3(d) The inmate has not been convicted previously of an escape
4pursuant to Section 4532 of the Penal Code.

5(e) The department determines that the inmate would benefit
6from the transfer.

7

begin deleteSEC. 30.end delete
8
begin insertSEC. 31.end insert  

Section 6402 of the Penal Code is amended to read:

9

6402.  

The Department of Corrections and Rehabilitation
10(CDCR) shall develop policies related to the department’s
11contraband interdiction efforts for individuals entering CDCR
12detention facilities. When developed, these policies shall include,
13but not be limited to, the following specifications:

14(a) Application to all individuals, including visitors, all
15department staff, including executive staff, volunteers, and contract
16employees.

17(b) Use of methods to ensure that profiling is not practiced
18during random searches or searches of all individuals entering the
19prison at that time.

20(c) Establishment of unpredictable, random search efforts and
21methods that ensures that no one, except department employees
22specifically designated to conduct the random search, shall have
23advance notice of when a random search is scheduled.

24(d) All visitors attempting to enter a CDCR detention facility
25shall be informed that they may refuse to be searched by a passive
26alert dog.

27(e) All visitors attempting to enter a CDCR detention facility
28who refuse to be searched by a passive alert dog shall be informed
29of options, including, but not limited to, the availability of a
30noncontact visit.

31(f) All individuals attempting to enter a CDCR detention facility,
32who have a positive alert for contraband by an electronic drug
33detection device, a passive alert dog, or other technology, shall be
34informed of further potential search or visitation options.

35(g) Establishment of a method by which an individual may
36demonstrate an authorized health-related use of a controlled
37substance when a positive alert is noted by an electronic drug
38detection device, a passive alert dog, or other technology.

P57   1(h) Establishment of specific requirements for additional search
2options when multiple positive alerts occur on an individual
3employee within a specified timeframe.

4(i) In determining which additional search options to offer
5visitors and staff, CDCR shall consider the use of full-body
6scanners.

7(j) CDCR shall conduct an evaluation of a policy described in
8this section and provide an interim report to the Legislature by
9June 30, 2016, and a final report to the Legislature on April 30,
102017. This evaluation shall include, but not be limited to, the
11impact of the policy on:

12(1) The amount of contraband, including drugs and cellular
13phones, found in the prisons where the policy was implemented.

14(2) The number of staff assaults that occurred in the prisons
15where the policy was implemented.

16(3) The number of serious rules violation reports issued in
17prisons where the policy was implemented, including any reduction
18in offender violence.

19(4) The rates of drug use by inmates in the prisons where the
20policy was implemented.

21(k) (1) The requirement for submitting a report imposed under
22subdivision (j) is inoperative on June 30, 2020, pursuant to Section
2310231.5 of the Government Code.

24(2) The reports to be submitted pursuant to subdivision (j) shall
25be submitted in compliance with Section 9795 of the Government
26Code.

27

begin deleteSEC. 31.end delete
28
begin insertSEC. 32.end insert  

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

29

6404.  

Inmates shall not be prohibited from family visits based
30solely on the fact that the inmate was sentenced to life without the
31possibility of parole or was sentenced to life and is without a parole
32date established by the Board of Parole Hearings.

33

begin deleteSEC. 32.end delete
34
begin insertSEC. 33.end insert  

Section 11191 of the Penal Code, as amended by
35Section 17 of Chapter 310 of the Statutes of 2013, is amended to
36read:

37

11191.  

(a) Any court or other agency or officer of this state
38having power to commit or transfer an inmate, as defined in Article
39II (d) of the Interstate Corrections Compact or of the Western
40Interstate Corrections Compact, to any institution for confinement
P58   1may commit or transfer that inmate to any institution within or
2without this state if this state has entered into a contract or contracts
3for the confinement of inmates in that institution pursuant to Article
4III of the Interstate Corrections Compact or of the Western
5Interstate Corrections Compact.

6(b) An inmate sentenced under California law shall not be
7committed or transferred to an institution outside of this state,
8unless he or she has executed a written consent to the transfer. The
9 inmate shall have the right to a private consultation with an attorney
10of his choice, or with a public defender if the inmate cannot afford
11counsel, concerning his rights and obligations under this section,
12and shall be informed of those rights prior to executing the written
13consent. At any time more than five years after the transfer, the
14inmate shall be entitled to revoke his consent and to transfer to an
15institution in this state. In such cases, the transfer shall occur within
16the next 30 days.

17(c) Notwithstanding the requirements in this section or Section
1811194, the secretary may transfer an inmate to a facility in another
19state without the consent of the inmate.

20(d) Inmates who volunteer by submitting a request to transfer
21and are otherwise eligible shall receive first priority under this
22section.

23(e) This section shall remain in effect only until January 1, 2020,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2020, deletes or extends that date.

26

begin deleteSEC. 33.end delete
27
begin insertSEC. 34.end insert  

Section 11191 of the Penal Code, as added by Section
2818 of Chapter 310 of the Statutes of 2013, is amended to read:

29

11191.  

(a) Any court or other agency or officer of this state
30having power to commit or transfer an inmate, as defined in Article
31II(d) of the Interstate Corrections Compact or of the Western
32Interstate Corrections Compact, to any institution for confinement
33may commit or transfer that inmate to any institution within or
34outside of this state if this state has entered into a contract or
35contracts for the confinement of inmates in that institution pursuant
36to Article III of the Interstate Corrections Compact or of the
37Western Interstate Corrections Compact.

38(b) No inmate sentenced under California law may be committed
39or transferred to an institution outside of this state, unless he or
40she has executed a written consent to the transfer. The inmate shall
P59   1have the right to a private consultation with an attorney of his
2choice, or with a public defender if the inmate cannot afford
3counsel, concerning his rights and obligations under this section,
4and shall be informed of those rights prior to executing the written
5consent. At any time more than five years after the transfer, the
6inmate shall be entitled to revoke his consent and to transfer to an
7institution in this state. In such cases, the transfer shall occur within
8the next 30 days.

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

10

begin deleteSEC. 34.end delete
11
begin insertSEC. 35.end insert  

Section 13501 of the Penal Code is amended to read:

12

13501.  

The Governor shall designate the chair of the
13commission from among the members of the commission. The
14person designated as the chair shall serve at the pleasure of the
15Governor. The commission shall annually select a vice chair from
16among its members. A majority of the members of the commission
17shall constitute a quorum.

18

begin deleteSEC. 35.end delete
19
begin insertSEC. 36.end insert  

Section 13601 of the Penal Code is amended to read:

20

13601.  

(a) (1) The CPOST shall develop, approve, and
21monitor standards for the selection and training of state correctional
22peace officer apprentices.

23(2) Any standard for selection established under this subdivision
24shall be subject to approval by the Department of Human
25Resources. Using the psychological and screening standards
26approved by the Department of Human Resources, the Department
27of Human Resources or the Department of Corrections and
28Rehabilitation shall ensure that, prior to training, each applicant
29who has otherwise qualified in all physical and other testing
30requirements to be a peace officer the Department of Corrections
31and Rehabilitation, is determined to be free from emotional or
32mental conditions that might adversely affect the exercise of his
33or her duties and powers as a peace officer pursuant to the standards
34developed by CPOST.

35(3) When developing, approving, and monitoring the standards
36for training of state correctional peace officer apprentices, the
37CPOST shall consider including additional training in the areas of
38mental health and rehabilitation, as well as coursework on the
39theory and history of corrections.

P60   1(b) The CPOST may approve standards for a course in the
2carrying and use of firearms for correctional peace officers that is
3different from that prescribed pursuant to Section 832. The
4standards shall take into consideration the different circumstances
5presented within the institutional setting from that presented to
6other law enforcement agencies outside the correctional setting.

7(c) Notwithstanding Section 3078 of the Labor Code, the length
8of the probationary period for correctional peace officer apprentices
9shall be determined by the CPOST subject to approval by the State
10Personnel Board, pursuant to Section 19170 of the Government
11Code.

12(d) The CPOST shall develop, approve, and monitor standards
13for advanced rank-and-file and supervisory state correctional peace
14officer and training programs for the Department of Corrections
15and Rehabilitation. When a correctional peace officer is promoted
16within the department, he or she shall be provided with and be
17required to complete these secondary training experiences.

18(e) The CPOST shall develop, approve, and monitor standards
19for the training of state correctional peace officers in the department
20in the handling of stress associated with their duties.

21(f) Toward the accomplishment of the objectives of this section,
22the CPOST may confer with, and may avail itself of the assistance
23and recommendations of, other state and local agencies, boards,
24or commissions.

25(g) Notwithstanding the authority of the CPOST, the department
26shall design and deliver training programs, shall conduct validation
27studies, and shall provide program support. The CPOST shall
28monitor program compliance by the department.

29(h) The CPOST may disapprove any training courses created
30by the department pursuant to the standards developed by CPOST
31if it determines that the courses do not meet the prescribed
32standards. Training may continue with existing curriculum pending
33resolution.

34(i) The CPOST shall annually submit an estimate of costs to
35conduct those inquiries and audits as may be necessary to determine
36whether the department and each of its institutions and parole
37regions are adhering to the standards developed by the CPOST,
38and shall conduct those inquiries and audits consistent with the
39annual Budget Act.

P61   1(j) The CPOST shall establish and implement procedures for
2reviewing and issuing decisions concerning complaints or
3recommendations from interested parties regarding the CPOST
4rules, regulations, standards, or decisions.

5

begin deleteSEC. 36.end delete
6
begin insertSEC. 37.end insert  

Section 23690 of the Penal Code is amended to read:

7

23690.  

(a) (1) The Department of Justice may require each
8dealer to charge each firearm purchaser or transferee a fee not to
9exceed one dollar ($1) for each firearm transaction, except that
10the Department of Justice may increase the fee at a rate not to
11exceed any increase in the California Consumer Price Index, as
12compiled and reported by the Department of Industrial Relations,
13and not to exceed the reasonable cost of regulation to the
14Department of Justice.

15(2) The fee shall be for the purpose of supporting department
16program costs related to this act, including the establishment,
17maintenance, and upgrading of related database systems and public
18rosters.

19(b) (1) There is hereby created within the General Fund the
20Firearm Safety Account.

21(2) Revenue from the fee imposed by subdivision (a) shall be
22deposited into the Firearm Safety Account and shall be available
23for expenditure by the Department of Justice upon appropriation
24by the Legislature.

25(3) Expenditures from the Firearm Safety Account shall be
26limited to program expenditures as defined by subdivision (a).

27

begin deleteSEC. 37.end delete
28
begin insertSEC. 38.end insert  

Section 28300 of the Penal Code is amended to read:

29

28300.  

(a) The Firearms Safety and Enforcement Special Fund
30is hereby established in the State Treasury and shall be
31administered by the Department of Justice.

32(b) The Department of Justice may require firearms dealers to
33charge each person who obtains a firearm a fee not to exceed five
34dollars ($5) for each transaction, except that the fee may be
35increased at a rate not to exceed any increase in the California
36Consumer Price Index as compiled and reported by the Department
37of Industrial Relations, and not to exceed the reasonable cost of
38regulation to the department. Revenues from this fee shall be
39deposited in the Firearms Safety and Enforcement Special Fund.

P62   1(c) Revenue deposited into the Firearms Safety and Enforcement
2Special Fund shall be available for expenditure by the Department
3of Justice upon appropriation by the Legislature for the purpose
4of implementing and enforcing the provisions of Article 2
5(commencing with Section 31610) of Chapter 4 of Division 10,
6enforcing Section 830.95, Title 2 (commencing with Section
712001) of Part 4, Sections 16000 to 16960, inclusive, Sections
816970 to 17230, inclusive, Sections 17240 to 21390, inclusive,
9and Sections 21590 to 34370, inclusive, and for the establishment,
10maintenance, and upgrading of equipment and services necessary
11for firearms dealers to comply with Article 2 (commencing with
12Section 28150).

13

begin deleteSEC. 38.end delete
14
begin insertSEC. 39.end insert  

The heading of Article 2.5 (commencing with Section
151716) of Chapter 1 of Division 2.5 of the Welfare and Institutions
16Code
is amended to read:

17 

18Article 2.5.  Board of Juvenile Hearings
19

 

20

begin deleteSEC. 39.end delete
21
begin insertSEC. 40.end insert  

Section 1716 of the Welfare and Institutions Code is
22amended to read:

23

1716.  

Commencing July 1, 2016, any reference to the Youth
24Authority Board refers to the Board of Juvenile Hearings.

25

begin deleteSEC. 40.end delete
26
begin insertSEC. 41.end insert  

Section 1718 is added to the Welfare and Institutions
27Code
, to read:

28

1718.  

(a) The Governor shall appoint three commissioners,
29subject to Senate confirmation, to the Board of Juvenile Hearings.
30These commissioners shall be appointed and trained to hear only
31juvenile matters. The term of appointment for each commissioner
32shall be five years, and each term shall commence on the expiration
33of the predecessor. Each commissioner currently serving on the
34Board of Parole Hearings to hear only juvenile matters shall
35continue to serve as a commissioner of the Board of Juvenile
36Hearings until his or her current term expires. The Governor shall
37stagger the remaining vacancies as follows: one commissioner
38term to expire on July 1, 2018, and one commissioner term to
39expire on July 1, 2019. Any appointment to a vacancy that occurs
40for any reason other than expiration of the term shall be for the
P63   1remainder of the unexpired term. Commissioners are eligible for
2reappointment. The selection of persons and their appointment by
3the Governor and confirmation by the Senate shall reflect as nearly
4as possible a cross section of the racial, sexual, economic, and
5geographic features of the population of the state.

6(b) The chair of the Board of Juvenile Hearings shall be
7designated by the Governor periodically. The Governor may
8appoint an executive officer of the board, subject to Senate
9confirmation, who shall hold office at the pleasure of the Governor.
10The executive officer shall be the administrative head of the board
11and shall exercise all duties and functions necessary to ensure that
12the responsibilities of the board are successfully discharged. The
13director of the Division of Juvenile Facilities shall be the hiring
14authority for all civil service positions of employment with the
15board.

16(c) Each commissioner shall participate in hearings, including
17discharge consideration hearings, initial case reviews, and annual
18reviews.

19

begin deleteSEC. 41.end delete
20
begin insertSEC. 42.end insert  

Section 1719 of the Welfare and Institutions Code is
21amended to read:

22

1719.  

(a) The following powers and duties shall be exercised
23and performed by the Board of Juvenile Hearings: discharges of
24commitment, orders for discharge from the jurisdiction of the
25Division of Juvenile Facilities to the jurisdiction of the committing
26court, initial case reviews, and annual reviews.

27(b) Any ward may appeal a decision by the Board of Juvenile
28Hearings to deny discharge to a panel comprised of at least two
29commissioners.

30(c) The following powers and duties shall be exercised and
31performed by the Division of Juvenile Facilities: return of persons
32to the court of commitment for redisposition by the court or a
33reentry disposition, determination of offense category, setting of
34discharge consideration dates, developing and updating
35individualized treatment plans, institution placements, furlough
36placements, return of nonresident persons to the jurisdiction of the
37state of legal residence, disciplinary decisionmaking, and referrals
38pursuant to Section 1800.

39(d) The department shall promulgate policies and regulations
40implementing a departmentwide system of graduated sanctions
P64   1for addressing ward disciplinary matters. The disciplinary
2decisionmaking system shall be employed as the disciplinary
3system in facilities under the jurisdiction of the Division of Juvenile
4Facilities, and shall provide a framework for handling disciplinary
5matters in a manner that is consistent, timely, proportionate, and
6ensures the due process rights of wards. The department shall
7develop and implement a system of graduated sanctions that
8distinguishes between minor, intermediate, and serious misconduct.
9The department may not extend a ward’s discharge consideration
10date. The department also may promulgate regulations to establish
11a process for granting wards who have successfully responded to
12disciplinary sanctions a reduction of any time acquired for
13disciplinary matters.

14

begin deleteSEC. 42.end delete
15
begin insertSEC. 43.end insert  

Section 1720 of the Welfare and Institutions Code is
16amended to read:

17

1720.  

(a) The case of each ward shall be reviewed by the Board
18of Juvenile Hearings within 45 days of arrival at the department,
19and at other times as is necessary to meet the powers or duties of
20the board.

21(b) The Board of Juvenile Hearings shall periodically review
22the case of each ward. These reviews shall be made as frequently
23as the Board of Juvenile Hearings considers desirable and shall be
24made with respect to each ward at intervals not exceeding one
25year.

26(c) The ward shall be entitled to notice if his or her annual
27review is delayed beyond one year after the previous annual review
28hearing. The ward shall be informed of the reason for the delay
29and of the date the review hearing is to be held.

30(d) Failure of the board to review the case of a ward within 15
31months of a previous review shall not of itself entitle the ward to
32discharge from the control of the division but shall entitle him or
33her to petition the superior court of the county from which he or
34she was committed for an order of discharge, and the court shall
35discharge him or her unless the court is satisfied as to the need for
36further control.

37(e) Reviews conducted by the board pursuant to this section
38shall be written and shall include, but not be limited to, the
39following: verification of the treatment or program goals and orders
40for the ward to ensure the ward is receiving treatment and
P65   1programming that is narrowly tailored to address the correctional
2treatment needs of the ward and is being provided in a timely
3manner that is designed to meet the discharge consideration date
4set for the ward; an assessment of the ward’s adjustment and
5responsiveness to treatment, programming, and custody; a review
6of the ward’s disciplinary history and response to disciplinary
7sanctions; and a review of any additional information relevant to
8the ward’s progress.

9(f) The division shall provide copies of the reviews prepared
10 pursuant to this section to the court and the probation department
11of the committing county.

12

begin deleteSEC. 43.end delete
13
begin insertSEC. 44.end insert  

Section 1721 is added to the Welfare and Institutions
14Code
, to read:

15

1721.  

(a) The Board of Juvenile Hearings shall meet at each
16of the facilities under the jurisdiction of the Division of Juvenile
17Facilities. Meetings shall be held at whatever times may be
18necessary for a full and complete study of the cases of all wards
19whose matters are considered. Other times and places of meeting
20may also be designated by the board, including, but not limited to,
21prisons or state facilities housing wards under the jurisdiction of
22the Division of Juvenile Facilities. Each commissioner of the board
23shall receive his or her actual necessary traveling expenses incurred
24in the performance of his or her official duties. If the board
25performs its functions by meeting en banc in either public or
26executive sessions to decide matters of general policy, no action
27shall be valid unless it is concurred in by a majority vote of those
28present.

29(b) The Board of Juvenile Hearings may utilize board
30representatives to whom it may assign appropriate duties, including
31hearing cases and making decisions. Those decisions shall be made
32in accordance with policies approved by a majority of the total
33membership of the board. When determining whether
34commissioners or board representatives shall hear matters pursuant
35to subdivision (a) of Section 1719, or any other matter submitted
36to the board involving wards under the jurisdiction of the Division
37of Juvenile Facilities, the chair shall take into account the degree
38of complexity of the issues presented by the case.

39(c) The board shall exercise the powers and duties specified in
40subdivision (a) of Section 1719 in accordance with rules and
P66   1regulations adopted by the board. The board may conduct discharge
2hearings in panels. Each panel shall consist of two or more persons,
3at least one of whom shall be a commissioner. No panel action
4shall be valid unless concurred in by a majority vote of the persons
5present; in the event of a tie vote, the matter shall be referred to
6and heard by the board en banc.

7

begin deleteSEC. 44.end delete
8
begin insertSEC. 45.end insert  

Section 1722 is added to the Welfare and Institutions
9Code
, to read:

10

1722.  

(a) Any rules and regulations, including any resolutions
11and policy statements, promulgated by the Board of Juvenile
12Hearings shall be promulgated and filed pursuant to Chapter 3.5
13(commencing with Section 11340) of Part 1 of Division 3 of Title
142 of the Government Code, and shall, to the extent practical, be
15stated in language that is easily understood by the general public.

16(b) The Board of Juvenile Hearings shall maintain, publish, and
17make available to the general public a compendium of its rules
18and regulations, including any resolutions and policy statements,
19promulgated pursuant to this section.

20(c) Notwithstanding subdivisions (a) and (b), the chairperson
21may specify an effective date that is any time more than 30 days
22after the rule or regulation is filed with the Secretary of State.
23However, no less than 20 days prior to that effective date, copies
24of the rule or regulation shall be posted in conspicuous places
25throughout each institution and shall be mailed to all persons or
26organizations who request them.

27

begin deleteSEC. 45.end delete
28
begin insertSEC. 46.end insert  

Section 1723 of the Welfare and Institutions Code is
29amended to read:

30

1723.  

(a) The powers and duties of the board described in
31subdivision (a) of Section 1719 shall be exercised and performed
32by the board or its designee, as authorized by this article.

33(b) All other powers conferred to the board concerning wards
34under the jurisdiction of the division may be exercised through
35subordinates or delegated to the division under rules established
36by the board. Any person subjected to an order of those
37subordinates or of the division pursuant to that delegation may
38petition the board for review. The board may review those orders
39under appropriate rules and regulations.

P67   1(c) All board designees shall be subject to the training required
2pursuant to Section 1724.

3

begin deleteSEC. 46.end delete
4
begin insertSEC. 47.end insert  

Section 1724 is added to the Welfare and Institutions
5Code
, to read:

6

1724.  

(a) Commissioners and board representatives hearing
7matters pursuant to subdivision (a) of Section 1719 or any other
8matter involving wards under the jurisdiction of the Division of
9Juvenile Facilities shall have a broad background in, and ability
10to perform or understand, appraisal of youthful offenders and
11delinquents, the circumstances of delinquency for which those
12persons are committed, and the evaluation of an individual’s
13progress toward reformation. Insofar as practicable, commissioners
14and board representatives selected to hear these matters also shall
15have a varied and sympathetic interest in juvenile justice and shall
16have experience or education in the fields of juvenile justice,
17sociology, law, law enforcement, mental health, medicine, drug
18treatment, or education.

19(b) Within 60 days of appointment and annually thereafter,
20commissioners and board representatives described in subdivision
21(a) shall undergo a minimum of 40 hours of training in the
22following areas:

23(1) Adolescent brain development, the principles of cognitive
24behavioral therapy, and evidence-based treatment and
25recidivism-reduction models.

26(2) Treatment and training programs provided to wards at the
27Division of Juvenile Facilities, including, but not limited to,
28educational, vocational, mental health, medical, substance abuse,
29psychotherapeutic counseling, and sex offender treatment
30programs.

31(3) Current national research on effective interventions with
32juvenile offenders and how they compare to division program and
33treatment services.

34(4) Commissioner duties and responsibilities.

35(5) Knowledge of laws and regulations applicable to conducting
36initial case reviews, annual reviews, and discharge hearings,
37including the rights of victims, witnesses, and wards.

38(6) Factors influencing ward lengths of stay and ward recidivism
39rates and their relationship to one another.

P68   1

begin deleteSEC. 47.end delete
2
begin insertSEC. 48.end insert  

Section 1725 of the Welfare and Institutions Code is
3amended to read:

4

1725.  

(a) Commencing July 1, 2016, the Board of Juvenile
5Hearings shall succeed, and shall exercise and perform all powers
6and duties previously granted to, exercised by, and imposed upon
7the Youthful Offender Parole Board and Youth Authority Board,
8as authorized by this article. The Youthful Offender Parole Board
9and Youth Authority Board are abolished.

10(b) Commencing January 1, 2007, all commissioners appointed
11and trained to hear juvenile parole matters, together with their
12duties prescribed by law as functions of the Board of Parole
13Hearings concerning wards under the jurisdiction of the Department
14of Corrections and Rehabilitation, are transferred to the Director
15of the Division of Juvenile Justice.

16

begin deleteSEC. 48.end delete
17
begin insertSEC. 49.end insert  

Section 1728 is added to the Welfare and Institutions
18Code
, to read:

19

1728.  

The Governor may remove any member of the Board of
20Juvenile Hearings for misconduct, incompetency, or neglect of
21duty after a full hearing by the Board of State and Community
22Corrections.

23

begin deleteSEC. 49.end delete
24
begin insertSEC. 50.end insert  

Section 1766 of the Welfare and Institutions Code is
25amended to read:

26

1766.  

(a) Subject to Sections 733 and 1767.35, and subdivision
27(b) of this section, if a person has been committed to the
28Department of Corrections and Rehabilitation, Division of Juvenile
29Facilities, the Board of Juvenile Hearings, according to
30standardized review and appeal procedures established by the
31board in policy and regulation and subject to the powers and duties
32enumerated in subdivision (a) of Section 1719, may do any of the
33following:

34(1) Set a date on which the ward shall be discharged from the
35jurisdiction of the Division of Juvenile Facilities and permitted his
36or her liberty under supervision of probation and subject to the
37jurisdiction of the committing court pursuant to subdivision (b).

38(2) Deny discharge, except that a person committed to the
39division pursuant to Section 731 or 1731.5 shall not be held in
P69   1physical confinement for a total period of time in excess of the
2maximum periods of time set forth in Section 731.

3(b) The following provisions shall apply to any ward eligible
4for discharge from his or her commitment to the custody of the
5Department of Corrections and Rehabilitation, Division of Juvenile
6Facilities. Any order entered by the court pursuant to this
7subdivision shall be consistent with evidence-based practices and
8the interest of public safety.

9(1) The county of commitment shall supervise the reentry of
10any ward still subject to the court’s jurisdiction and discharged
11from the jurisdiction of the Division of Juvenile Facilities. The
12conditions of the ward’s supervision shall be established by the
13court pursuant to the provisions of this section.

14(2) Not less than 60 days prior to the scheduled discharge
15consideration hearing of a ward described in this subdivision, the
16division shall provide to the probation department and the court
17of the committing county, and the ward’s counsel, if known, the
18most recent written review prepared pursuant to Section 1720,
19along with notice of the discharge consideration hearing date.

20(3) (A) Not less than 30 days prior to the scheduled discharge
21consideration hearing, the division shall notify the ward of the date
22and location of the discharge consideration hearing. A ward shall
23have the right to contact his or her parent or guardian, if he or she
24can reasonably be located, to inform the parent or guardian of the
25date and location of the discharge consideration hearing. The
26division shall also allow the ward to inform other persons identified
27by the ward, if they can reasonably be located, and who are
28considered by the division as likely to contribute to a ward’s
29preparation for the discharge consideration hearing or the ward’s
30postrelease success.

31(B) This paragraph shall not apply if either of the following
32conditions is met:

33(i) A minor chooses not to contact his or her parents, guardians,
34or other persons and the director of the division facility determines
35it would be in the best interest of the minor not to contact the
36parents, guardians, or other persons.

37(ii) A person 18 years of age or older does not consent to the
38contact.

39(C) Upon intake of a ward committed to a division facility, and
40again upon attaining 18 years of age while serving his or her
P70   1commitment in the custody of the division, an appropriate staff
2person shall explain the provisions of subparagraphs (A) and (B),
3using language clearly understandable to the ward.

4(D) Nothing in this paragraph shall be construed to limit the
5right of a ward to an attorney under any other law.

6(4) Not less than 30 days prior to the scheduled discharge
7consideration hearing of a ward described in this subdivision, the
8probation department of the committing county may provide the
9division with its written plan for the reentry supervision of the
10ward. At the discharge consideration hearing, the Board of Juvenile
11Hearings shall, in determining whether the ward is to be released,
12consider a reentry supervision plan submitted by the county.

13(5) If the Board of Juvenile Hearings determines that a ward is
14ready for discharge to county supervision pursuant to subdivision
15(a), the board shall set a date for discharge from the jurisdiction
16of the Division of Juvenile Facilities no less than 14 days after the
17date of such determination. The board shall also record any
18postrelease recommendations for the ward. These recommendations
19will be sent to the committing court responsible for setting the
20ward’s conditions of supervision no later than seven days from the
21date of such determination.

22(6) No more than four days but no less than one day prior to the
23scheduled date of the reentry disposition hearing before the
24committing court, the Division of Juvenile Facilities shall transport
25and deliver the ward to the custody of the probation department
26of the committing county. On or prior to a ward’s date of discharge
27from the Division of Juvenile Facilities, the committing court shall
28convene a reentry disposition hearing for the ward. The purpose
29of the hearing shall be for the court to identify those conditions of
30supervision that are appropriate under all the circumstances of the
31case and consistent with evidence-based practices. The court shall,
32to the extent it deems appropriate, incorporate postrelease
33recommendations made by the board as well as any reentry plan
34submitted by the county probation department and reviewed by
35the board into its disposition order. At the hearing the ward shall
36be fully informed of the terms and conditions of any order entered
37by the court, including the consequences for any violation thereof.
38The procedure of the reentry disposition hearing shall otherwise
39be consistent with the rules, rights, and procedures applicable to
40delinquency disposition hearings as described in Article 17
P71   1(commencing with Section 675) of Chapter 2 of Part 1 of Division
2 2.

3(7) The Department of Corrections and Rehabilitation shall have
4no further jurisdiction over a ward who is discharged by the board.

5(8) Notwithstanding any other law or any other provision of
6this section, commencing January 1, 2013, all wards who remain
7on parole under the jurisdiction of the Division of Juvenile
8Facilities shall be discharged, except for wards who are in custody
9pending revocation proceedings or serving a term of revocation.
10A ward that is pending revocation proceedings or serving a term
11of revocation shall be discharged after serving his or her revocation
12term, including any revocation extensions, or when any allegations
13of violating the terms and conditions of his or her parole are not
14sustained.

15(c) Within 60 days of intake, the Division of Juvenile Facilities
16shall provide the court and the probation department with a
17treatment plan for the ward.

18(d) Commencing January 1, 2013, and annually thereafter, for
19the preceding fiscal year, the department shall collect and make
20available to the public the following information:

21(1) The total number of ward case reviews conducted by the
22division and the board, categorized by guideline category.

23(2) The number of discharge consideration dates for each
24category set at guideline, above guideline, and below guideline.

25(3) The number of ward case reviews resulting in a change to
26a discharge consideration date, including the category assigned to
27 the ward and the specific reason for the change.

28(4) The percentage of wards who have had a discharge
29consideration date changed to a later date, the percentage of wards
30who have had a discharge consideration date changed to an earlier
31date, and the average annual time added or subtracted per case.

32(5) The number and percentage of wards who, while confined
33or on parole, are charged with a new misdemeanor or felony
34criminal offense.

35(6) Any additional data or information identified by the
36department as relevant.

37(e) As used in subdivision (d), the term “ward case review”
38means any review of a ward that changes, maintains, or appreciably
39affects the programs, treatment, or placement of a ward.

P72   1

begin deleteSEC. 50.end delete
2
begin insertSEC. 51.end insert  

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

4

1767.3.  

(a) The written order of the Director of the Division
5of Juvenile Justice is a sufficient warrant for any peace officer to
6return to custody any person who has escaped from the custody
7of the Division of Juvenile Facilities or from any institution or
8facility in which he or she has been placed by the division.

9(b) All peace officers shall execute the orders in like manner as
10a felony warrant.

11

begin deleteSEC. 51.end delete
12
begin insertSEC. 52.end insert  

Section 5848.51 is added to the Welfare and
13Institutions Code
, to read:

14

5848.51.  

(a) The Legislature finds and declares all of the
15following:

16(1) Community alternatives should be expanded to reduce the
17need for mental health and substance use disorder treatment in
18jails and prisons.

19(2) The number of people with serious mental illnesses
20incarcerated in county jails and the state’s prison system continues
21to rise.

22(3) A significant number of individuals with serious mental
23illness have a co-occurring substance use disorder.

24(4) The treatment and recovery of individuals with mental health
25disorders and substance use disorders are important for all levels
26of government, business, and the local community.

27(b) Funds appropriated by the Legislature to the authority for
28the purposes of this section shall be used to establish a competitive
29grant program designed to promote diversion programs and services
30by increasing and expanding mental health treatment facilities,
31substance use disorder treatment facilities, and trauma-centered
32service facilities, including facilities providing services for sex
33trafficking victims, domestic violence victims, and victims of other
34violent crimes, in local communities, through the provision of
35infrastructure grants.

36(c) Grant awards made by the authority shall be used to expand
37local resources for facility acquisition or renovation, equipment
38acquisition, and applicable program startup or expansion costs to
39increase availability and capacity to diversion programs described
40in paragraph (b).

P73   1(d) Funds appropriated by the Legislature to the authority for
2the purposes of this section shall be made available to selected
3counties, city or county, or counties acting jointly.

4(e) The authority shall develop selection criteria to expand local
5resources, including those described in subdivision (b), and
6processes for awarding grants after consulting with representatives
7and interested stakeholders from the mental health treatment
8community, substance use disorder treatment community, and
9trauma recovery center providers, including, but not limited to,
10county behavioral health directors, service providers, consumer
11organizations, and other appropriate interests, such as health care
12providers, law enforcement, trial courts, and formerly incarcerated
13individuals as determined by the authority. The authority shall
14monitor that grants result in cost-effective expansion of the number
15of community-based resources in regions and communities selected
16for funding. The authority shall also take into account at least the
17following criteria and factors when selecting recipients of grants
18and determining the amount of grant awards:

19(1) Description of need, including, at a minimum, a
20comprehensive description of the project, community need,
21population to be served, linkage with other public systems of health
22and mental health care, linkage with local law enforcement, social
23services, and related assistance, as applicable, and a description
24of the request for funding.

25(2) Ability to serve the target population, which includes
26individuals eligible for Medi-Cal and individuals eligible for county
27health and mental health services.

28(3) Geographic areas or regions of the state to be eligible for
29grant awards, which may include rural, suburban, and urban areas,
30and may include use of the five regional designations utilized by
31the County Behavioral Health Directors Association of California.

32(4) Level of community engagement and commitment to project
33completion.

34(5) Financial support that, in addition to a grant that may be
35awarded by the authority, will be sufficient to complete and operate
36the project for which the grant from the authority is awarded.

37(6) Ability to provide additional funding support to the project,
38including public or private funding, federal tax credits and grants,
39foundation support, and other collaborative efforts.

P74   1(7) Memorandum of understanding among project partners, if
2applicable.

3(8) Information regarding the legal status of the collaborating
4partners, if applicable.

5(9) Ability to measure key outcomes, including utilization of
6services, health and mental health outcomes, and cost benefit of
7the project.

8(f) The authority shall determine maximum grant awards, which
9shall take into consideration the number of projects awarded to
10the grantee, as described in subdivision (c), and shall reflect
11reasonable costs for the project and geographic region. The
12authority may allocate a grant in increments contingent upon the
13phases of a project.

14(g) Funds awarded by the authority pursuant to this section may
15be used to supplement, but not to supplant, existing financial and
16resource commitments of the grantee or any other member of a
17collaborative effort that has been awarded a grant.

18(h) All projects that are awarded grants by the authority shall
19be completed within a reasonable period of time, to be determined
20by the authority. Funds shall not be released by the authority until
21the applicant demonstrates project readiness to the authority’s
22satisfaction. If the authority determines that a grant recipient has
23failed to complete the project under the terms specified in awarding
24the grant, the authority may require remedies, including the return
25of all or a portion of the grant.

26(i) The authority may consult with a technical assistance entity,
27as described in paragraph (5) of subdivision (a) of Section 4061,
28for the purposes of implementing this section.

29(j) The authority may adopt emergency regulations relating to
30the grants for the capital capacity and program expansion projects
31described in this section, including emergency regulations that
32define eligible costs and determine minimum and maximum grant
33amounts.

34(k) (1) The authority shall provide reports to the fiscal and
35policy committees of the Legislature on or before April 1, 2018,
36and annually until April 1, 2020, on the progress of implementation
37that include, but are not limited to, the following:

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

39(B) The amount of each grant issued.

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

P75   1(D) The total amount of grants issued.

2(E) A description of project operation and implementation,
3including who is being served.

4(2) The requirement for submitting a report imposed under this
5subdivision is inoperative on April 1, 2024, pursuant to Section
610231.5 of the Government Code.

7(l) A recipient of a grant provided pursuant to paragraph (b)
8shall adhere to all applicable laws relating to scope of practice,
9licensure, certification, staffing, and building codes.

10

begin deleteSEC. 52.end delete
11
begin insertSEC. 53.end insert  

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

13

7200.06.  

(a) After construction of the perimeter security fence
14is completed at Napa State Hospital, no patient whose placement
15has been required pursuant to the Penal Code shall be placed
16outside the perimeter security fences, with the exception of
17placements in the general acute care and skilled nursing units. The
18State Department of State Hospitals shall ensure that appropriate
19security measures are in place for the general acute care and skilled
20nursing units.

21(b) Any alteration to the security perimeter structure or policies
22shall be made in conjunction with representatives of the City of
23Napa, the County of Napa, and local law enforcement agencies.

24

begin deleteSEC. 53.end delete
25
begin insertSEC. 54.end insert  

This act is a bill providing for appropriations related
26to the Budget Bill within the meaning of subdivision (e) of Section
2712 of Article IV of the California Constitution, has been identified
28as related to the budget in the Budget Bill, and shall take effect
29immediately.



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