BILL NUMBER: AB 1387	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 29, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Solorio
    (   Coauthor:   Senator
  Hancock   ) 

                        FEBRUARY 18, 2011

    An act to add and repeal Section 3054.5 of the Penal
Code, relating to parole.   An act to amend Sections
1797.270, 1797.274, and 1797.276 of, and to repeal and add Section
1797.201 of, the Health and Safety Code, relating to emergency
medical services. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1387, as amended, Solorio.  Rebuilding Communities and
Rebuilding Lives Act of 2011.   Emergency medical
services.  
   (1) Existing law establishes the Emergency Medical Services System
and the Prehospital Emergency Medical Care Personnel Act, which
governs local emergency medical service systems and establishes the
Emergency Medical Services Authority, which is responsible for the
coordination and integration of all state activities concerning
emergency medical services. The act requires a county to enter into a
written agreement with a city or fire district that contracted for,
or provided, as of June 1, 1980, prehospital emergency medical
services regarding the provision of these services for the city or
fire district, as specified. The act requires, until an agreement is
reached, prehospital emergency medical services to be continued at
not less than the existing level, unless reduced by the city council
or the governing body of the fire district, as specified.  
   This bill would continue the authorization of a city or fire
district that had continuously contracted for or provided prehospital
emergency medical services (EMS) since June 1, 1980, to contract for
or provide the administration of the same type of prehospital EMS
that it has continuously provided or contracted for during that time,
within the geographical service area that it continuously served
during that time, if the city or fire district makes a formal written
request to the local EMS agency prior to January 1, 2014, and if
specified conditions are met. The bill would authorize a city or fire
district to increase its geographical area if specified conditions
are met. The bill would prohibit a local EMS agency from creating an
exclusive operating area for a type of prehospital EMS provided or
contracted for by a city or fire district that is providing
continuing prehospital EMS.  
   (2) The EMS act authorizes the establishment of an emergency
medical care committee in each county and requires the committee to
annually review ambulance services operating within the county,
emergency medical care offered within the county, and first aid
practices in the county. The act also requires the committee to
report its observations and recommendations relative to this review
to the authority and the local EMS agency.  
   This bill would, instead, require the committee to review the
county's emergency medical care system and to act in an advisory
capacity to the county board or boards of supervisors. The bill would
require the membership of an emergency medical care committee in
each county to be representative of the EMS system participants.
 
   (3) By increasing the duties of local officials, this bill would
impose a state-mandated local program.  
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law, until January 1, 2011, required the Department of
Corrections and Rehabilitation to establish a pilot program in
Alameda County for parolees returning to Alameda County to conduct
needs-based assessments of the individual parolees, as specified.
 
   This bill would require the California Emergency Management
Agency, until January 1, 2017, subject to an appropriation of funds,
and, additionally, with funds received through private contributions,
to establish a Youthful Offender Reentry (Cal-YOR) competitive grant
program specifically targeting offenders who will be between 16 and
23 years of age upon their release from a local county juvenile
facility, the Department of Corrections and Rehabilitation's Division
of Juvenile Facilities, probation, or parole to assist in community
reintegration upon release, as specified. The reentry programs would
include construction training, academic services, counseling, and
tracking of graduates after completion of the program. The bill would
require the agency to maintain statistical information related to
the reentry programs, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Emergency medical services (EMS) system coordination remains
the key factor in efficiently delivering the highest level of
prehospital patient care and emergency medical transport.  
   (b) All prehospital EMS providers in the EMS delivery system must
be guided by consistent, clear standards regarding their rights,
responsibilities, and duties arising out of the provision of
prehospital EMS to their respective communities.  
   (c) Local EMS agencies responsible for developing and maintaining
a local emergency medical services plan must be guided by and
responsive to reasonable and consistent standards for evaluating and
determining the scope, manner, and types of services provided within
their respective jurisdictions, particularly when making
determinations regarding exclusive operating areas and the roles of
cities and fire districts that have provided prehospital EMS at not
less than the existing level since June 1, 1980.  
   (d) It is the intent of this act to preserve the rights of cities
and fire districts as set forth in Section 1797.201, as that section
read on December 31, 2011.  
   (e) Cities, fire districts, private providers, and local EMS
agencies are vital partners in the delivery of prehospital EMS,
partners that contribute to a rapid deployment of highly trained EMS
personnel.  
   (f) It is in the public interest to ensure that all agencies
providing prehospital EMS do so within a coordinated EMS system that
provides clear standards for training, certification, and licensure
of personnel, as well as for administration, medical control, and
clinical oversight. 
   SEC. 2.    Section 1797.201 of the   Health
and Safety Code   is repealed.  
   1797.201.  Upon the request of a city or fire district that
contracted for or provided, as of June 1, 1980, prehospital emergency
medical services, a county shall enter into a written agreement with
the city or fire district regarding the provision of prehospital
emergency medical services for that city or fire district. Until such
time that an agreement is reached, prehospital emergency medical
services shall be continued at not less than the existing level, and
the administration of prehospital EMS by cities and fire districts
presently providing such services shall be retained by those cities
and fire districts, except the level of prehospital EMS may be
reduced where the city council, or the governing body of a fire
district, pursuant to a public hearing, determines that the reduction
is necessary.
   Notwithstanding any provision of this section the provisions of
Chapter 5 (commencing with Section 1798) shall apply. 
   SEC. 3.    Section 1797.201 is added to the 
 Health and Safety Code   , to read:  
   1797.201.  (a) A city or fire district that has continuously
provided, or contracted for, prehospital emergency medical services
(EMS) since June 1, 1980, shall have continuing authorization to
provide or contract for the administration of, with control as this
term is defined in regulation, the same type of prehospital EMS that
it has continuously provided, or contracted for, during that time,
within the geographical service area that it has continuously served
during that time, if the city or fire district makes a formal written
request for recognition to the local EMS agency prior to January 1,
2014, and if the following conditions are met:
   (1) The city or fire district has not previously entered into a
written prehospital EMS agreement with a county. A city or fire
district that has previously entered into an agreement exclusively
for the purpose of agreeing to adhere to the local EMS agency's
medical control policies and procedures shall not constitute a
written prehospital EMS administration agreement under this section.
   (2) The city or fire district requesting recognition enters into a
written agreement, of an unlimited term, with the local EMS agency,
in a form specified by the local EMS agency, for the purposes of this
section, addressing only the following:
   (A) Medical control, pursuant to Chapter 5 (commencing with
Section 1798) including policies, protocols, emergency medical
dispatch protocols, and quality improvement.
   (B) Coordination of EMS resources.
   (C) Recognition of the type of prehospital EMS that the city or
fire district is authorized to perform.
   (D) Designation of the geographical service area for which
authorization is granted.
   (E) Standards for operational control.
   (F) Other terms mutually agreed upon by the contracting parties.
   (b) If the city or fire district fails to enter into an agreement
with the local EMS agency, or failed to commence an appeal, by
January 1, 2014, then the city or fire district shall not perform or
contract for that type of prehospital EMS unless formally authorized
to do so by the local EMS agency in accordance with the requirements
of this division. A city or fire district that has commenced an
appeal shall continue to provide or contract for those services it
has provided as of the date of the appeal, until the appeal is
resolved. Appeals shall proceed in the following order: (i) the local
emergency medical care committee or its equivalent, (ii) the
governing body of the local EMS agency, and (iii) judicial review.
   (c) If a city or fire district that meets the specifications of
this section has increased or increases its geographical area beyond
the geographical service area that it served as of June 1, 1980,
through annexation or consolidation, the following shall apply for
the newly acquired area:
   (1) If the annexation or consolidation occurred prior to January
1, 2012, the annexing city, fire district, or consolidated entity
shall qualify for recognition to provide or contract for the existing
type of prehospital EMS that the annexing city, fire district, or
consolidated entity has provided or contracted for continuously since
the annexation or consolidation occurred. Notwithstanding any other
law, an annexation or consolidation shall not displace an EMS
provider with a current contract with a local EMS agency to provide a
type of EMS within an exclusive operating area.
   (2) If the annexation or consolidation occurs after January 1,
2012, the annexing city, fire district, or consolidated entity shall
assume the recognition to provide or contract for the preexisting
type of prehospital EMS that had been continuously provided, or
contracted for, since June 1, 1980, by the predecessor city or fire
district for that geographical service area if there was such a city
or fire district for that geographical service area. Notwithstanding
any other law, an annexation or consolidation shall not displace an
EMS provider with a current contract with a local EMS agency to
provide a type of EMS within an exclusive operating area.
   (3) This section shall not be construed to authorize any other
public agency overseeing an annexation or consolidation to make
changes to the local EMS agency's EMS plan for the provision of
prehospital EMS.
   (d) A city or fire district contracting to provide services may
enter into a written agreement for recognition to provide a type or
types of prehospital EMS with the local EMS agency pursuant to
subdivision (a), on behalf of the city or fire district that has
continuously provided or contracted for, as of June 1, 1980, a type
or types of prehospital EMS.
   (e) A city or fire district that has not continuously provided or
contracted for a type of prehospital EMS since June 1, 1980, shall
not provide or contract for that type of prehospital EMS unless
formally authorized to do so by the local EMS agency in accordance
with the requirements of this division.
   (f) A local EMS agency shall include all cities and fire districts
that comply with the requirements of this section in its local
emergency medical services plan.
   (g) For purposes of this section, "type of prehospital EMS" shall
only include one or more of the following:
   (1) First response, which means the delivery of prehospital EMS
without patient transport.
   (2) Dispatch, which means dispatch of a provider's own or
contracted prehospital EMS resources.
   (3) 911 ambulance transport service, which means ambulance service
provided in response to a 911 call or, as determined by the local
EMS agency, an emergency call to a seven digit number.
   (h) This section shall not preclude a city or fire district from
increasing the level of service it provides or contracts for within a
type of prehospital EMS for which it has continuously provided
service since June 1, 1980. For the purpose of this section, "level"
shall mean basic life support, limited advanced life support, or
advanced life support. Without limiting the foregoing, a city or fire
district that has continuously provided basic life support first
response since June 1, 1980, may upgrade to advanced life support
first response.
   (i) The level of prehospital EMS provided by a city or fire
district may be reduced where the governing body of a city or fire
district, pursuant to a public hearing, determines that the reduction
is necessary. When a governing body of a city or fire district has
determined that a service-level reduction is necessary, notice shall
be provided to the local EMS agency a minimum of 90 days before the
service reduction is implemented. The local EMS agency shall conduct
a public hearing to report on the impact of the proposed service
reduction on the local EMS system.
   (j) This section shall not be construed to permit a city or fire
district to add a type of prehospital EMS that it has not provided or
contracted for continuously since June 1, 1980.
   (k) A local EMS agency shall not create an exclusive operating
area for a type of prehospital EMS provided or contracted for by a
city or fire district meeting the requirements of this section within
the geographical service area of the city or fire district unless
the exclusive operating area is awarded to that city or fire district
through a noncompetitive process in accordance with Section
1797.224.
   (l) The continuing authorization of a city or fire district to
provide a type or types of prehospital EMS recognized pursuant to
this section shall transfer to any successor agency, including, but
not limited to, a joint powers agency, but that recognition shall be
limited to the geographical area of the predecessor agency that
continuously provided or contracted for, as of June 1, 1980, that
type or those types of prehospital EMS. 
   SEC. 4.    Section 1797.270 of the   Health
and Safety Code   is amended to read: 
   1797.270.  An emergency medical care committee may be established
in each county in this state.  The committee membership shall be
representative of the EMS system participants.  Nothing in this
division should be construed to prevent two or more adjacent counties
from establishing a single committee for review of emergency medical
care in these counties.
   SEC. 5.    Sectio   n 1797.274 of the 
 Health and Safety Code   is amended to read: 
   1797.274.  The emergency medical care committee shall, at least
annually, review the  operations of each of the following:
  county's emergency medical care system.  

   (a)  Ambulance services operating within the county. 

   (b)  Emergency medical care offered within the county, including
programs for training large numbers of people in cardiopulmonary
resuscitation and lifesaving first aid techniques.  

   (c)  First aid practices in the county. 
   SEC. 6.    Section 1797.276 of the   Health
and Safety Code   is amended to read: 
   1797.276.  Every emergency medical care committee shall, at least
annually, report to the authority, and the local EMS agency its
observations and recommendations relative to its review of the
 ambulance services, emergency medical care, and first aid
practices, and programs for training people in cardiopulmonary
resuscitation and lifesaving first aid techniques, and public
participation in such programs in that county.   county'
s emergency medical care system.  The emergency medical care
committee shall submit its observations and recommendations to the
county board or boards of supervisors which it serves and shall act
in an advisory capacity to the county board or boards of supervisors
 which   that  it serves, and to the local
EMS agency, on all matters relating to emergency medical 
services as directed by the board or boards of supervisors. 
 services. 
   SEC. 7.    This act, which repeals and adds Section
1797.201 of the Health and Safety Code, shall not be construed to
affect, limit, or otherwise invalidate any decision by a court of
competent jurisdiction that interprets and applies Division 2.5
(commencing with Section 1797) of the Health and Safety Code, as that
division read on December 31, 2011. 
   SEC. 8.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 3054.5 is added to the Penal
Code, to read:
   3054.5.  (a) (1) The California Emergency Management Agency, to
the extent funds are appropriated for the purpose of this section,
shall establish a Youthful Offender Reentry (Cal-YOR) competitive
grant program specifically targeting offenders who will be between 16
and 23 years of age upon their release from a local county juvenile
facility, the Department of Corrections and Rehabilitation's Division
of Juvenile Facilities, probation, or parole. In addition to funds
appropriated for the purpose of this section as specified in this
paragraph, the agency may additionally accept private contributions
to fund grants authorized by this section.
   (2) Grantees shall preenroll eligible youths into eligible
community programs, as defined in this section. Priority shall be
given to programs that have existed for at least one year prior to
the effective date of this section and to those eligible community
programs that have operated at any time in the previous three years.
   (3) Each grantee shall officially enroll each youthful offender
into its program no more than 72 hours after release from a described
local or state facility. Participation of an eligible youth in any
eligible community program shall commence no more than 72 hours after
release, parole, or discharge from a facility operated by the
department or the local entity. Enrollment and participation are
subject to the approval of each program or local entity.
   (b) For purposes of this section, an "eligible community program"
means, at a minimum, a program that provides all of the following:
   (1) Integrated education and job training services and activities
on an equally divided basis, with 50 percent of participants' time
spent in classroom-based instruction, counseling, and leadership
development instruction, and 50 percent of participants' time spent
in experiential job training.
   (A) The education component described in this paragraph shall
include basic skills instruction, secondary education services, and
other activities designed to lead to the attainment of a high school
diploma or its equivalent. The curriculum for this component shall
include math, language arts, vocational education, life skills
training, social studies related to the cultural and community
history of the participants, and leadership skills.
   (B) Bilingual services shall be available for individuals with
limited English proficiency and an English learning curriculum shall
be provided where feasible and appropriate.
   (C) A program shall have a goal of a minimum teacher-to-student
ratio of one teacher for every 18 students.
   (D) The job training component described in paragraph (1) shall
involve work experience and skills training apprenticeships related
to construction and rehabilitation activities as described in
paragraph (4).
   (2) Assistance in attaining postsecondary education and in
obtaining financial aid shall be made available to participants prior
to graduation from the program.
   (3) Counseling services designed to assist participants in
positively participating in society, including all of the following,
as necessary:
   (A) Outreach, assessment, and orientation.
   (B) Individual and peer counseling.
   (C) Life skills training.
   (D) Drug and alcohol abuse education and prevention.
   (E) Referral to appropriate drug rehabilitation, medical, mental
health, legal, housing, and other community services and resources. A
program shall have a goal of a minimum counselor-to-participant
ratio of one counselor for every 28 participants.
   (4) Acquisition, rehabilitation, acquisition and rehabilitation,
or construction of housing and related facilities to be used for the
purpose of providing home ownership for disadvantaged persons,
residential housing for homeless individuals and very low income
families, or transitional housing for persons who are homeless, ill,
deinstitutionalized, or who have disabilities or special needs.
   (5) Leadership development training that provides participants
with meaningful opportunities to develop leadership skills, including
decisionmaking, problem solving, and negotiating. A program shall
encourage participants to develop strong peer group ties that support
their mutual pursuit of skills and values.
   (c) Each eligible community program shall work cooperatively with
local probation and parole offices to ensure appropriate oversight of
any eligible youth who enrolls and participates in the program for
the duration of the eligible youth's participation and term of
probation or parole. Eligible community programs shall meet the
requirements described in Article 4 (commencing with Section 9800) of
Chapter 2 of Part 1 of Division 3 of the Unemployment Insurance
Code.
   (d) For purposes of this section, an "eligible youth" means a
person between 16 and 23 years of age, who is economically
disadvantaged, as defined in Section 12511 of Title 42 of the United
States Code, and who is under the custody and control of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities or a county.
   (e) Priority for enrollment shall be given to eligible youths whom
the department or local entity has determined to be gang affiliated,
or who have an immediate family member who has been identified as
gang affiliated.
   (f) The California Emergency Management Agency shall maintain
statistical information on the success of this program, including,
but not limited to, the number of eligible youths served and the rate
of return to custody for those eligible youths who enroll and
participate in an eligible community program. This information shall
be provided to the Legislature upon request.
   (g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.